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Historical 
Souvenir. 



CENTENNIAL CELEBRATION 



Wood CouQty, West Virginia, 



a: -X 



October Third, Fourth and Fifth. 



Copy of this Souvenir will be placed in the Corner Stone of the New 

Court House. 



THE ACME PUBLISHING COMPANY, 

MORGANTOWN, W. VA. 

























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Wood County Formation. 




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A Century 
of Progress, 



History of Divisions, Courts, Buildings, Past and Pres'- 
cnt, and Engravings of the same. 



Roll of Judges, Justices, Supervisors, Commissioners, 
Prosecutors, Clerks and Sheriffs, 



Chartering of Three Towns of Monroe, Vienna and 

Newport. 



The Struggle of the Land Owners to Locate the County 

Seat on the Property of each "Gentlem.sn 

Justice." 



Final Triumph of Parkers Town, 



One Chapter From EventtVil History. 



AT^VARO F. rilBBKNS, A. M., 

CHAKTKR iVIKMRER OF STATK HISTORICAI^ SOCIKTY, 



W/ITH ILLUSTRMTIOINS, 



1899: 

The Acme Press, 
morgantown, w va 



^rary of --^^""i 




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Copyrighted by 




ALVARO F. GIBBENS. 
1899. 






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OCOPXHSBBCEXVBD. 









ENGRAVINGS. 



1. Parkersbupg Primitive Village, in 1795. 

2. The Log Court House at Neal's Station. 

3. Permanent Log Court House on Riffle Run. 

4. The Brick Court House on Public Square. 

5. The Fourth Court Building, recently demolished. 

6. The Fifth Structure, now being built. 

7. The Old Market Place near. 

8. The Present Splendid JaiL 

9. Judge James Monroe Jackson. 

10. Judge Lewis N. Tavenner. 

1 1. Clerk Ben. F. Stewart. 

12. Clerk Oliver M. Clemens. 

13. Prosecuting Attorney Jno. F. Laird. 

14. Judge Kinnard Snodgrass. 

1 5. Sheriff Charles A. Wade. 

16. Edwin S. Butcher, Ex-County Commissioner. 

17. Jefferson Gibbons, President County Court, 1852. 

18. The County Commissioners. 



COUNTY FORMATIONS, 



PRIOR to the Independence of the United States in 
1776, the popular branch of Colonial legislation in 
Virginia was titled the " House of Burgesses." By 
its enactments from time to time, under supervision of the 
English Crown, was the wilderness territory divided into^ 
counties, as new settlements increased and the population 
pushed westward beyond the Blue Ridge mountains. 

Many of these political divisions were formed, and again 
subdivided, as the old records frequently state, to avoid 
' 'difficulties to the inhabitants by reason of passing cer- 
tain creeks and rivers to prosecute their suits and attend 
court sittings." 

In 1634 the Province of Virginia was divided into eight 
shires, which were thereafter "to be governed as the 
sbires in England, with Lieutenants to take care of war 
against the Indians." From one of these divisions, or 
some combination of them, eventually was formed — just 
when and how the oldest official records do not disclose — 
the county of Lancaster, which first appears to have 
recognition on the roll, in 1652, as sending members to 
the Burgesses. Pour years later Rappahannock sprang 
from its ancient limits. 

Among other counties created in 1691 was King and 
Queen, and in 1092 Essex, and King William in 1701. In 



6 

1720 from parts of these three divisions was formed and 
named Spottsylvania, in honor of Alexander Spottswood, 
who, in 1713, when Lieut. -Governor of the Colony, was 
the first with his troop of horse to cross the then western 
boundary of civilization — the Blue Ridge. For this dar- 
ing feat, and the discovery of the beautiful Valley of Vir- 
ginia, the English King conferred upon him the reward 
of knighthood, and established the new Transmontaine 
Order of St. George, whose insignia was a golden horse 
shoe, with the engraved motto thereon. Sic jurat tranHcen- 
dere montes — thus he swears to cross the mountains. To 
each of the troop was given the miniature emblem, and as 
an inducement to emigration into this western land, any 
one who would accept and pledge a compliance with the 
inscription, was furnished a similar badge, and became a 
member of the Pioneer Order. 

In 1730 Spottsylvania was divided into two parishes, 
and four years later the one called St. George was re- 
christened Spotsylvania county, and the other, St. Marks, 
.to be called Orange, in honor of \Villiam, Prince of Orange. 
The limits of the latter county were defined to be "South- 
ward by the line of Hanover County, and westerly by the 
utmost limits of Virginia," which meant in a vague way 
all the territory west of the Blue Ridge barrier. 

Such a tide of population from Pennsylvania, Maryland, 
and the Potomac river counties of Virginia, through 
Harpers Ferry gap, had poured into this section, that in 
1738 the legislature of the Colony restricted the county of 
Orange to that portion of her territory east of the Blue 
Ridge, and created two new ones out of the land beyond, 
named in honor of the Prince and Princess of Wales. 
Frederick comprised the northern part of the great inter- 
montaine valley with Winchester as its seat, and Augusta 
the southern section and all the remainder of Virginia 
west, with Staunton as its seat of Government. 

In 1754 Hampshire was formed from the Trans-Shenan- 
doah portions of Frederick and Augusta counties. 

In 1770 Boutetourt was created by division from the 
south part of Augusta. 



7 
DISTRICT OF WEST AUGUSTA. 

From about 1763 to the dawn of the Revolution, settle- 
ments west of tbe mountains in the territory claimed by- 
Augusta county rapidly increased. The land west of the 
AUeghenies was without defined limit, Virginia claiming 
under her royal charters to the Mississippi river. This 
wilderness was considered by the Tide-water inhabitants 
as the unexplored land, and vaguely titled the District of 
West Augusta. 

The settlers of that wilderness were so noted soon for 
robustness of body, steadiness of mind and purpose, and 
bold patriotism, that Washington was willing to risk 
their valor and courage as a reserve force which all En- 
gland could not intimidate or conquer. 

This district included all the territory from the Alle- 
ghenies westward, and from the Great Kenawha Valley 
on the south to Pennsylvania on the north. At that time 
Fort Pitt and much of southwestern Pennsylvania 
were claimed by Virginia, and their ownership as violently 
resisted later by the authorities of Pennsylvania. Militia 
were called out, two sets of magistrates appointed, and 
each imprisoned by the power of the other, and a struggle 
and conflict kept up till the storm of the American Rev- 
olution sank the less in the greater, and the question of 
jurisdiction was left to be settled by litigation and com- 
promise, and the extension of Mason and Dixon's line de- 
fining the northern limits of West Augusta. 

This district was an exception, in having no definite 
limits westward, or any legislation separating it from 
Augusta county, till the Act of October, 1776, by the 
Commonwealth of Virginia, then only three months an 
independent state of the new republic. 

It read: "Whereas it is expedient to ascertain the boun- 
dary between the county of Augusta and the District of 
West Augusta, Be it therefore enacted by the General 
Assembly of the Commonwealth of Virginia, and it is 
' hereby enacted by authority of the same, that the boun- 



8 

dary between the said district and county shall be as fol- 
lows, to wit: Beginning on the Allegheny mountain be- 
tween the heads of Potowmack, Cheat and Greenbrier 
rivers (said to be Haystack Knob, now at the northeast 
corner of Pocahontas county), thence along the ridge of 
mountains which divides the waters of Cheat river from 
those of Greenbrier, and that branch of the Monongahela 
river called the Tyger's Valley river to Monongahela 
river, thence up said river and the West Pork thereof to 
Bingermans creek, on the northwest side of said fork, 
thence up the said creek to the head thereof, thence in a 
direct line to the head of Middle Island creek, a branch of 
the Ohio, and thence to the Ohio, including all the said 
waters of said creek in the aforesaid district of West 
Augusta, all that territory lying to the northward of said 
boundary, and to the westward of the State of Pennsyl- 
vania and Maryland, shall be deemed, and is hereby de- 
clared, to be within the district of West Augusta. " 

MONONGALIA EDICT. 

In another section of this act the three new counties of 
Ohio, Yohogania and Monongalia were created and de- 
fined. The latter included "all that part of the said Dis- 
trict lying to the northward of the County of Augusta, to 
the westward of the meridian of the head fountain of 
the Potowmack, to the southward of the County of Yoho- 
gania, and to the eastward of the County of Ohio, shall 
be one other distinct county, and shall be called and 
known by the name and county of Monongalia." 

In this tri-partite division of the northern portion West 
Augusta disappeared. Ohio county was created north of 
new Monongalia, and Yohogania in the subsequent fixing 
of state boundaries was merged into other divisions of 
both commonwealths, and became the lost county of the 
Old Dominion. 

West Augusta, in 1777 and the following year, was again 
divided and formed into Montgomery and Greenbrier 



counties, extending west of the Alleghenies to Big Sandy 
river, and down its valley and that of the Great Kenawha 
to the Ohio river. Greenbrier then formed the south- 
western line of Monongalia county. 

In May 1779, there was added to Monongalia, from Au- 
gusta, ' 'all that part which lies to the northwest of the 
following lines: Beginning at the dividing ridge between 
the running waters of Elk and Little Kenawha rivers, and 
running thence till it intersects the ridge between the 
West Fork of Monongahela and Elk rivers, thence with 
said dividing ridge to the ridge dividing the waters of 
Tyger's Valley and Buchanan prongs of the Mononga- 
hela, thence with said ridge to the intersection of said 
Tyger's Valley Prong, by said ridge, thence with said 
ridge to the old line on the ridge between the waters of 
Tyger's Valley Prong and those of Cheat river, and 
thence with said ridge that divides Cheat river and the 
waters of Potowmack." 

In October, 1780, another part of Augusta was added to 
Monongalia, thus described: "All northwest of the line 
that dividcJfe Augusta from Green Brier on the top of the 
ridge, that divides the waters of Green Brier from those of 
Elk and Tyger's Valley, and with that ridge to the ridge 
that divides the waters of Potowmack from those of Cheat, 
and with the same to the line that divides Augusta from 
Rockingham. " 

HARRISON EDICT. 

From Monongalia, to take effect 20th of July, 1784, was 
enacted the formation of Harrison county, named after 
the then Governor. Its territory was thus defined: 

"By a line to begin on the Maryland line, at the fork 
ford on the land of John Goff, thence by a direct course 
down the said creek to Tyger's Valley Fork of Monongalia 
river, thence dowft the same to the mouth of West Fork 
river, thence up the same to the mouth of Biggerman's 
creek, thence up the said creek to the line of Ohio county, 
and that part of the said county lying south of the said 
line." 



10 

The Justices named in the Commission of the Peace 
were to meet at the house of George Jackson, at Bush's 
Old Fort, on Buchannan river. The new county had a 
frontage on the Ohio river of eighty miles. 

In 1789 the county of Kenawha, named in virtue of the 
principal river that bisects its territory, was created, on 
the South-west of Harrison, by dividing Greenbrier. 

WOOD COUNTY. 

Ere, in England, Victoria Regina was enjoying her 
honey-moon with her dear Prince Albert, when "Washing- 
ton was dying in his picturesque and ever-to-be-enshrined 
MountVernon on the historic Potomac; ere the isle of Blen- 
nerhassett had been recognized by that name, or even 
thought of as the starting point of a great conspiracy, 
and was, like some primeval power, listening to and 
reflecting the eddying chant of the current around its 
sand-embraced shores, the territory which now constitutes 
Wood County, (Pleasants, Jackson, Ritchie and Wirt) had 
recently emerged from the power of the Indian, and was 
in process of establishment as a separate county in Vir- 
ginia. 

It was to have a renowned and grand future, but unlike 
Minerva, did not spring full fledged from the brain of 
Virginia's legislative Jove, equipped and panoplied for 
instant action. 

There were two edicts of legislative power, one 21 
December 1798, and the other in 1800, needed to create it. 
The first act is as follows: 

1. Be it enacted by the General Assembly, that all 
that part of the county of Harrison, lying westwardly of 
a line to begin thirty miles from the Ohio river on the 
line dividing the counties of Harrison and Kenawha, 
thence northeasterly to intersect the line of Ohio county 
at twenty-one miles distant from the Ohio river on a 
straight line from that point where the line of Ohio county 
strikes the said river, shall, from and after the 1st day of 



" 11 

May, next, form one distinct county, and be called and 
known by the name of Wood County. 

3. The Justices to be named in the commission of the 
peace for the said County of Wood, shall meet at the 
house of Hugh Phelps in the said county, upon the first 
court day after the said county shall take place, and hav- 
ing taken the oaths prescribed by law, and administered 
the oath of office to, and taken the bond of the sheriff 
according to law, proceed to appoint and qualify a clerk, 
and fix upon a place for holding courts in the said county, 
at or as near the center thereof, as the situation and con- 
venience will admit; and thenceforth the said court shall 
proceed to erect the necessary public buildings at such 
place, and until such buildings be completed, to aj^point 
any place for holding courts as they may think proper: 
Provided, always, that the appointment of a place for 
holding courts, and of a clerk, shall not be made unless a 
majority of the Justices of the said County be present; 
(where such majority shall have been prevented from 
attending by bad weather, or their being at the time out 
of the County, in such case the apppointment shall be 
postponed until some court day when a majority shall be 
present.) The Governor shall appoint a person to be sheriff. 
The County shall remain in the same Judicial district as 
Harrison, for which courts are held at Morgantown, 
and to be of the same brigade district, and to be in the 
same Senatorial and Congressional district as Harrison." 

Addition to its boundary was made 30 Dec. 1800, in the 
following language: "That all that part of the county of 
Kenawha within the following bounds, to wit: beginning 
at the mouth of Devil's Hole creek, otherwise called 
Pleasant river, thence eastwardly parallel with the line at 
present dividing the counties of Kenawha and Wood, until 
the back or eastern line of the county of Wood, being 
extended, would intersect the same, shall be, and it is 
hereby added to and made part of the said county pi 
Wood." 

At this date the county had a boundary of over sixty 



12 

miles along the Ohio river, and included all the continuous 
rich islands, some of them constituting large farms, 
within the shore limit. Its area was 1223 square miles, 
its population 1217, and collections from taxes amounted 
to only $1257, an average of over a square mile for every 
person, and a taxation of a dollar a head. Its area and 
boundaries so remained until 1832. 

In 1804 Kenawha County was separated and Mason con- 
structed, taking in the Great Valley to and up along the 
Ohio river. For years thereafter it was the southwestern 
boundary of Wood. 

Tyler, in 1814, was formed from the south-western part 
of Ohio county, and was then the north-eastern boundary 
for Wood. 

Lewis, in 1816, was constructed from Harrison, and for 
years was the Southern boundary of Wood county. 

TERRITORIAL DECREASE. 

The census of 1830 revealed only a population of 6,414 
persons, paying taxes aggregating $4,257. Such a vast 
land area beyond the Ohio was unrolled to the sight of 
emigrants during the previous two decades that the 
increase of Wood county population was slow. Many of 
her own pioneer families were induced to follow the west- 
ward star of empire, and departed, leaving no descendants 
within our borders. Nevertheless, the settlements were 
so far apart that new counties, with nearer and more con- 
venient seats of local government were demanded. 

In the consequent and subsequent divisions, Wood 
County lost nearly three fourths of her territory, cutting 
down her area to its present one, of 375 square miles 
But her population, as will be seen from the tables, has 
increased beyond the dream of her oldest inhabitant or 
pioneer descendant. 

JACKSON. 

In 1831 was created, from Mason, Kenawha and Wood, 
the first county, named in honor of "Old Hickory," Presi- 



13 

dent Andrew Jackson. About one half of' its area was 
obtained by taking from Wood the land southwest of a 
line running from the mouth of Pond Creek on Ohio river, 
in a southerly direction to the northern limit of Lewis 
county, and Ripley on Mill Creek, was made its seat of 
power. This diminished our river frontage over eleven 
miles. The Northeastern portion of Roane County, origi- 
nally part of Wood, passed away from Jackson subse- 
quently. 

RITCHIE. 

From the eastern portion of Wood, and from Harrison 
and Lewis, in 1844, was constructed Ritchie county, named 
in honor of a noted editor, Thomas Ritchie of Virginia. 
Its seat was Harrisville, on the north fork of Hughes 
river. Subsequent to this date a portion of Wood, which 
was legislated to Ritchie, was separated from it, and now 
forms part of Doddridge county.* 

WIRT. 

From Wood and parts of Jackson originally in Wood, 
was formed a county named in honor of the celebrated 
orator and statesman, whose eloquence had been heard in 
the famous Burr-Blennerhassett trial, William Wirt. Eliz- 
abeth, the Beauchamp settlement, above Tucker's creek, 
on the south side of the Little Kenawha river, was chosen 
as the county seat. Eight miles above are the world- 
renowned burning springs, the center of a wonderful oil 
excitement in 1861 and later. 

PLEASANTS. 

From Wood, taking all the territory between Bull Creek 
and Middle Island on the Ohio, and from parts of Tyler 
and Ritchie, was formed in 1851 a county named from 
James Pleasants, Virginia's Governor in 1822. St. 
Marys, below the mouth of Middle Island creek, was 



14 

made the cou"nty seat. In this division the Ohio river 
frontage was reduced ten miles, leaving less than thirty- 
live miles of Ohio coast. 

From the foregoing it will be noted that from 1788 to 
1776, 38 years, the county was in the District of West 
Augusta; from 1776 to 1784, eight years, in Monongalia; 
from 1784 to 1799, fifteen years, in Harrison. The earliest 
settlements made in Wood wei-e during the one and a half 
decades made whilst in Harrison. In 18yl it paid into the 
State Treasury a total tax of $52,610.72, and amount for 
commissions paid to its sheriff was $1,855.10, an excess of 
1655.48 over the entire county's income in 1800. For year 
1898 were liaised in the county for all State purposes, in- 
cluding licenses, $61,339.29, and the valuation of real es- 
tate and personal property was $9,527,010. The county 
levy for all purposes for year ending 30 September 1898, 
was $140,146.14. Ninety-eight years before it was only 
$1,199.52. 



^ 
^«^ 



COURT ORGANIZATION. 



COUNTY SEAT LOCATION AND TOWN BUILDING. 

WE are apt, in this age of crowded population 
and intense commercial competition and the 
struggle for subsistence and superior wealth, 
to look backward to pioneer days, with their mist 
and uncertainty, and to fancy that all was harmony 
and tranquil content; that a sharing of common depriva- 
tions and dangers would prevent a conflict of personal 
interest. To some extent this is true. But history only 
shows that man, in the aggregate and as individuals, aims 
in every latitude and age, for personal and local advant- 
age. The question of where the seat of justice, the reposi- 
tory of popular power and concentration should be in Wood 
county was not an exception. The trio of ambitious lead- 
ers, each, planned and labored, and in modern legislative 
vernacular we might say filibustered, to have the court 
building established and erected upon his broad acres. 

Out of the desire grew the platting and legislating for 
the establishment of three different towns, Newport, 
Vienna, and Monroe. Each acquired by act of the Gen- 
eral Assembly, power to lay out into squares and streets, 
and sell lots by auction. This divided the commissioned 
Justices in opinion, and doubtless led to all the hesitancy 
and vacillation in the proceedings of the court, during its 
first and formative years. Squire Hugh Phelps' friends 
advocated Monroe, on the south side of Kanawha river 
near Neal's Station; Justice Joseph Spencer's adherents 



16 

urged Vienna; and even ranger Williams, in compromise, 
desired the court of Justice near his plantation; while 
Clerk Stokely, who held the ear of all and the balance of 
power, pushed the claims of Newport, and finally pre- 
vailed, without reaping full benefits in a landed way from 
the location. 

As a fact historical, below is introduced the legislative 
authority for these contending embrio towns: 

VIENNA. 

As early as 1, December 1795, was enacted in the follow- 
ing words its creation: 

"That one hundred acres of land, the proj^erty of 
Joseph Spencer and Abner Lord, on East bank of the 
Ohio river in the county of Harrison, shall be, and they 
are hereby vested in James Pewtherer, Thomas Lord, 
Eleazer West, Isaac Williams, Samuel Beaumont, George 
Selden, Nehemiah Spencer, Samuel Hally and Asabel 
Grilling, gentlemen, trustees to be by them, or a majority 
of them laid off into lots of half an acre each, with con- 
venient streets, and establish a town of Vienna. 

As soon as one hundred acres shall be laid off into lots 
and streets, the trustees shall sell at public auction, after 
previous advertisement for three court days at the Court 
House, and convey the said lots to purchasers in fee, sub- 
ject to the condition of building on each a dwelling house, 
sixteen'feet square at least, with brick or stone chimney, 
to be finished fit for habitation within seven years from 
day of sale, and pay money arising from such sale to said 
Spencer and Lord, or their legal representatives. If the 
purchaser fail to build thereon, then the property is to 
revert to the owners for public sale." 

This charter was partly repealed by an Act, 21 January 
1799, section 2 of which read: 

"That sixty acres of land, the property of Joseph 
Spencer, Abner Lord and Austin Nichols, in the county 
of Harrison, as the same are already laid off into lots and 
streets, on the east bank of the Ohio River, shall be 



17 

established a town by the name of Vienna, and that 
Thomas Lord, Eleazer West, Samuel Beaumont, George 
Selden, Samuel Hally and Stephen R. Wilson, gentlemen, 
shall be and are hereby constituted Trustees thereof." 

This amending act had similar conditions as to build- 
ing thereon. 

NEWPORT. 

By somewhat similar Act, 6 January 1800, Section 5, 
was established this town as follows: 

"That tifteen acres of land, the property of John 
Stokely, lying at the mouth of The Little Kenawha 
river, so soon as the same shall be laid off into lots with 
convenient streets, be established a town by the name of 
Newport; and that William Lowther, Jacob Bennett, 
Isaac Williams, James Neal and John G. Henderson, 
gentlemen, shall be, and they are hereby constituted 
trustees thereof." 

MONROE. 

Section 8 of the foregoing act, ushered into charter 
another rival, named in honor of the President, in the 
following words: 

"That twenty-tive acres of land, the property of Hugh 
Phelps, lying at the place known by the name of Neal's 
Station on the Little Kenawha River, so soon as the same 
shall be laid off into lots, with convenient streets, be 
established a town by the name of Monroe; and that 
William Lowther, Jacob Bennett, Isaac Williams, James 
Neal and John G. Henderson, gentlemen, shall be, and 
they are hereby constituted trustees thereof." 

"So soon as the purchaser of any lots, in either of said 
towns, shall have built a dwelling house thereon equal to 
twelve feet square, with a brick or stone chimney, such 
purchaser shall enjoy the same privileges that the free- 
holders and inhabitants of the other towns not incorpor- 
ated shall hold and enjoy.". 



18 

Whilst those interested in at least three different tracts 
of land were pulling in as many separate paths, effort was 
made to put into effect the enabling act of 21 December, 
1798. From the minutes preserved, and natural inference 
as to the misplaced or unfiled ones, we make extracts. 

The Justices of Wood County, Hugh Phelps, Ja,cob 
Bennett, Thomas Pribble, John G. Henderson, Caleb 
Hitchcock, Abner Lord, Joseph Spencer, Thomas Lord 
and Ichabod C. Griffin met on the 12th of August, 1799, at 
the house of Hugh Phelps. The first five of these were 
commissioned under the territory of the mother county 
of Harrison, and the remaining four were named by the 
Governor at the time of the legislative creation of Wood. 
The five old justices objected to the four newly commis- 
sioned participating in the organization, and a motion was 
made to call on an attorney present, naming a Mr. 
Delarey,* whom the record says was "learned in the law," 
to direct them in their proceedings, which being the or- 
ganization of the county was an important work. The 
motion prevailed, and Mr. Delarey was called upon by 
the court for an opinion. He first suggested the appoint- 
ment of a clerk pro tem. Stephen R. Wilson was named 
by some of the justices, but not being generally approved, 
John Stokely was 'selected by a majority as the temporary 
officer. 

Counsel Delarey then observed that there appeared an 
additional Commission, and that it was his opinion the 
Governor, neither in equity nor in law, had a right to add 
to the existing number, produced the Constitution of Vir- 
ginia, as well as several other law authorities, to support 
his position, advising the four new magistrates to with- 
draw. The acting members decided this opinion correct, 

* The records are so indistinct as to leave a doubt who this attorney was. It 
is often spelled in print Delacey. The name nowhere else appears as one ot the 
practitioners in Wood County. In 1784 Henry Delarey was a Justice of the 
I'eace. He was also at this period a 'Lieut-Col. in tlie militia, in the regiment 
of whicli William Robin.son was 'Major, Benjamin Wilson Colonel and John P. 
Duval (Jounty Lieutenant. In the Deed Book of Harris* n County In 1801, John 
Dealncey is conveyed land on Little Kanawha river, near Samuel Smith's sur- 
vey, No. 8. It is probable he was the counsel called upon by the Court. 



19 

but the other four refused to recognize this duty, and 
Abner Lord and Joseph Spencer "dared any person to 
attempt to remove them, but, " says the old record, ' 'when 
William Lowther came forward and offered to swear in as 
sheriff, two of them abandoned the Court House." 

Thereupon Hugh Phelps and the other old justices pro- 
ceeded to organize the new county of Wood, and the entry 
upon the Minutes appears in these words: 

"Whereas Hugh Phelps, Thomas Pribble, commonly 
called Thomas Tribble, Jno. G. Henderson, commonly 
called John Henderson, and Jacob Bennett, Gentlemen 
Justices, in and for the said County of Wood in the State 
of Virginia, agreeably to an Act of the Assembly of said 
State, passed 21st day of Dec. 1798, did meet at the House 
of Hugh Phelps, on the second Monday of August 1799, 
and then and there did swear in William Lowther as 
Sheriff in and for said county, and took bond of him 
agreeably to law, the Court having been legally organ- 
ized, appointed John Stokely Clerk in and for said county, 
swore him into office and took Bond agreeably to law. 

The Court further proceed and appoint as a seat for the 
Court House and other necessary Public Buildings to be 
lixed at a place well known by the appellation of Neal's 
Station, on Little Kanawha, upon the lands of Hugh 
Phelps. 

The Court recommended Robert Triplett as a fit person 
for the office of Principal Surveyor of this county. 

The Court recommended John Neal and Peter Misner 
as fit persons for the office of Coroner, that one of them 
may be commissioned as such for this County. 

The Court recommended Herman Blennerhassett, Dan- 
iel Kincheloe and Hezekiah Bukey as Gentlemen, quali- 
fied for Justices, that they may be commissioned as such 
in and for this county. 

The Court appoint John Shults and William Dearth 
constables in and for this county. 

The Court order that the Court be continued at the 
House of Hugh Phelps until the necessary Public Build- 



20 

ings be erected. Ordered that the Court do now adjourn 
until Court in Course." 

This is signed by Hugh Phelps as Presiding, and 
"Tested" by John Stokely as Clerk, W. C. 

The Justices met again 2d September, 1799, and without 
transacting any business, adjourned till 8 o'clock of next 
morning, when the following entry appears: 

"Agreeably to adjournment of yesterday, the Court was 
called at the House of Hugh Phelps, Esq. Justices pres- 
ent, Hugh Phelps, Thos. Pribble, Jacob Bennett and 
John G. Henderson, Gentlemen. The Sheriff made pro- 
clamation and opened Court about the hour of three 
o'clock in the afternoon. The Rev. Robert Manley, of 
the M. E. Church, came into open court, took the oath of 
Fidelity and gave bond agreeably to law for the true and 
faithful solemnization of Marriages. Ordered that he 
have a permit accordingly. Ordered that the Court do 
now adjourn until to-morrow at 8 o'clock in the morning." 

On the 4th of September, 1799, Hugh Phelps, Jacob 
Bennett, Thomas Prebble and John G. Henderson opened 
court. 

Ordered that notice be forthwith given Thomas Lord, 
Caleb Hitchcock, Ichabod C. Griffin, Abner Lord and 
Joseph Spencer, Justices, or such of them as may conve- 
niently be found, that they may appear at the House of 
Hugh Phelps at the hour of 1 o'clock and take seats in 
Court and hear and determine certain matter and things. 

Agreeably to order of the Court of this day, Sheriff 
gave notice to Jos. Spencer, Abner Lord and Ichabod C. 
Griffin, these being the only Justices that said sheriff 
could conveniently notify, who refused to appear. 

The Court conceive it necessary that Herman Blenner- 
hassett, Daniel Kincheloe, Hezekiah Bukey, John Neal, 
and Jacob Beeson be recommended as qualified to execute 
the office of Justice of the Peace." 

In case of vacancy by death or inability, or the necessity 
of a greater number of magistrates being in commission, ■ 



21 

the court, by law, named two persons to the Governor, as 
suitable, one of whom he appointed to the place. 

Through the balance of September, October and early 
November, only one or two Justices attending at each, 
adjournments continue, till 11 November 1799, when were 
present Hugh Pheli:)s, Thos. Pribble, Jacob Bennett and 
Jiio. G. Henderson, who adjourned till next day, and then 
entered the following order: 

"There not being a sufficient number of magistrates at 
October Court, no commissioner hath been yet appointed 
for this Court; wherefore the Court taking the earliest 
oiiportunity to appoint, do now appoint John Stephenson 
as Commissioner of this County." 

The absentees and adjournments still continued, and 
here there is a hiatus in records, and an attempt to cross 
out preceeding pages. In the mean time, it is tradition 
and inference, there were held sessions of a minority 
Court, of the dissatisfied Justices, at Vienna, and at their 
several convenings, probably the missing ones, the two 
Lords, Hitchcock, Griffin, and Spencer, were passing 
orders. There other Court officers were chosen, and 
among them, Stephen R. Wilson, brother-in-law of Squire 
Joseph Spencer, was made Clerk. His subsequent attempt 
by Superior Court action, to secure the position, would 
indicate his plea to be a selection by a County Court not 
mentioned in the present records. In the case the minutes 
of the Vienna session may have been filed, and there 
remained to burn up in the Court House of Monongalia. 
This part of the Court no doubt selected Vienna, or Wil- 
liamstown as the County seat. 

The next step was in the Virginia Assembly, 10 January 
1800, by the following quieting enactment: 

' 'Whereas, it appears to the present General Assembly, 
that the Justices of the Couuty oi Wood have not as yet 
formed a court agreeably to the terms of the Act entitled 
"An act for dividing the County of Harrison, and that it 
is essential for the good people of the said County of 



Wood that the said act should now be carried into full 
effect: 

"1. Be it therefore enacted, That the Executive be, 
and they are hereby empowered to commission Four Jus- 
tices of the Peace, who in conjunction with the Justices 
heretofore commissioned for the said County, a majority 
of the whole number being present, shall, on the second 
Monday of February next, meet at the house of Hugh 
Phelps, and constitute a Court, who are hereby vested 
with all the powers vested in the Justices of the said 
County of Wood. 

2. Provided always, that this act shall not be con- 
strued as aifecting the right of any person claiming the 
right to clerkship, or any other appointment made by the 
Justices of the said County of Wood, or any of them, but 
their claim shall remain subject to a decision before the 
Judiciary. And any officer who shall be displaced by the 
Court as established by this law, shall be, and is hereby, 
revested with his appointment whenever a decision shall 
be made in his favor by the Judiciary. All persons who 
may have acted erroneously under color of the said 
recited Act, are hereby indemnified for such transactions, 
so far as the Commonwealth might otherwise have been 
entitled to reparation, but this indemnification shall not 
extend to any case whatsoever of an injury done to any 
individual under colour thereof, who may take such meas- 
ures to obtain redress as if this act had never passed. " 

In compliance with this legislative decree, the following 
appears upon the minutes, dated 10 March 1800: 

"Pursuant to an act of the General Assembly, entitled 
an act concerning the County of Wood, passed the 
eleventh day of January in the year of our Lord IHOO, the 
following Justices convened at the House of Hugh Phelps, 
viz: Hugh Phelps, Thomas Pribble, Jno. G. Henderson, 
Hezekiah Bukey, John Stephenson, Daniel Kincheloe, 
William Hannaman, Thomas Lord, Caleb Hitchcock, 
Abner Lord and Ichabod C. Griffin. The said Justices 
having been duly qualified, proceeded, took bonds of and 



23 

swore in William Lowther, as sheriff, according to law. 
The said William then made proclamation and the Court 
was opened according to law. 

The Court, having been duly organized, proceeded and 
appointed John Stokely Clerk, by a majority of three, for 
the Court of said County, the said John Stokely then 
gave bond and security and was qualified according to 
law. 

Nathaniel Davidson was made Attorney for the Com- 
monwealth, with salary of $45 for a year from date; 
whereupon Davidson came into Court and made compli- 
ment of twenty dollars to be deducted out of said salary, 
when collected, towards building a Court House. 

This completed the organization of the county, and 
properly dates its beginning, and also terminated the 
question of what justices constituted a legal court. 

The minutes, 14 July 1800, read: "Agreeably to an 
order of the District Court, held at Monongalia Court 
House, at the last term, the Sheriff summoned the Court 
of Wood County to appear at the next district Court, to 
show cause on the first day of next term, why a mandamus 
should not issue to the said Justices directed, commanding 
them to restore Stephen R. Wilson to the office of Clerk 
of Wood County." The Justices then summoned were 
Pribble, Stephenson, Bukey, Hannaman, Woolf, Beeson, 
Jesse Lowther and John Neal. 

The selected Clerk of the Vienna Justices still con- 
tended for his alleged investiture, as it is recorded in the 
minutes that a Writ of Mandamus was read and delivered 
to the Sheriff, directing the Court to restore this contest- 
ant to the office of Clerk, or show why they do not. The 
suit was finally decided against the applicant, and Stokley 
was secured in his position. 

FIXING COURT ROOM. 

In the same March 10 session, the records state, eleven 
Justices being in place: 

"The Court proceeded and appointed the place for fix- 



• 24 

ing the Court House and other necessary Buildings at the 
dwelling i:)lace of Hugh Phelps, Esquire, or at the place 
known by the appellation of Neal's Station, or between 
the two said places on the west side of the Little Kena- 
wha river." 

Ordered that John Stephenson's vote be entered re- 
specting the fixing of the Court House. His vote was 
that the Court House and other buildings be fixed at the 
House of Hugh Phelps, temporarily or until land can be 
obtained at the point and junction of Ohio and Little 
Kenawha rivers. Said Stevenson voted in the above with 
Thomas Pribble, Jno. G. Henderson, William Hannaman, 
Daniel Kincheloe and Hugh Phelps, for fixing the public 
buildings on the lands of Hugh Phelps, excepting as 
aforesaid. 

Ordered that Daniel Kincheloe, Thos. Pribble and Ab- 
ner Lord be appointed as a committee to lay off the par- 
ticular spot on which the Public Buildings shall be fixed. 
The Court order that the Committee do lay off the said 
spot and report the same to the next Court. 

At the session next day, eleven justices were again 
present, and the Court "ordered that it be entered that 
Hugh Phelps came into court and made a present of two 
acres of ground to erect the public buildings upon, which 
shall be laid off agreeably to the report of the committee, 
provided, nevertheless, that the dwelling house of the 
said Phelps shall not be comprehended withhi the said 
two acres. The said Phelps also engages to furnish 5000 
feet of sawed boards for the use of the Public, to be ap- 
plied to erecting said public buildings." A little later he 
came into court, assuming to have a ferry over the Kana- 
wha river near the room in which the court wa,s then sit- 
ting, and offered to ferry any and all persons across that 
may reside on the upper side of the river, free of charges, 
at all courts and elections. The court accepted the favors 
and returned thanks for the several donations made. 

The exact site of the proposed public building cannot 
now be determined. Many of the older citizens believe it 



25 

to have been below the mouth of Neal's Run, in the vicin- 
ity of the old Bradford residence. Others maintain that 
it stood on the banks of the Kenawha, immediately above 
the ravine, near the western line of his lands, and that 
subsequent freshets carried it away alon^ with other log 
cabins of that era which lined the banks at intervals as 
far as the block-house. Not far away, by either supposi- 
tion, near the Kanawha river, beautiful in its primitive 
grandeur, stood the military post and cabin-group called 
Neal's Station, in honor of Capt. James Neal, a Revolu- 
tionary soldier and pioneer. At this period, five years 
after the close of the Indian war, the poplar and syca- 
more canoes lay quiescent upon the placid bosom of the 
Kenawha, moored near the spot, and bow and arrow and 
tomahawk hung unf eared upon the cabin walls over the 
hospitable door of the hunter-rangers, while the deer-hide 
latch-string hung out to invite a pull from any settler or 
caller. 

As Gentleman Justice, Hugh Phelps took his seat upon 
an old puncheon bench or split-bottomed chair and opened 
court. It was an hour of proud independence. The few 
pioneer citizens of that day looked on with awe and rev- 
erence, while the bear, wolf, panther and nimble deer 
might have stared from the dense woods encircling and 
wondered what all this invasion of their ancient domain 
meant. 

Col. Phelps was a large, robust pioneer, endowed with 
great energy and endurance, and he used his position and 
comparative wealth with liberality for the public good. 

Opposite is presented an imaginative drawing, but one 
not far from fact, and in consonance with the log structures 
of that era, the dwelling and court room of the first pre- 
siding officer of our county. The memory of no oldest 
inhabitant in our boyhood could designate the site of it, 
but the records, as has been shown, leave inference it was 
near Neal's Run, and "in sight of the ancient ferry." 

There met the Justices Gentlemen in the first decade to 
determine legal matters, and exchange views upon the 



26 

conflict of land entries, to barter hatchet claims, relate 
incidents of the late American Revolution in which many 
of them particii^ated, and to describe the terrors and es- 



i»'i*'i)l'|fi^fe'j 



r 







■^.^^^^i: 



Col. Hugh Phelps' Dwelling The First Court House 
Pen Driving by J. //. Diss Debar. 

capes of subsequent Indian incursions along the trail of 
the elm-bordered Kenawha. 

In their home-made suits of jeans and flax, shaped in 
convenient ranger style of fringed hunting shirts, belted 
short-coats from which hung hunting knives, and in va- 
ried head covers of coon-skin caps, felt hats and bear- 
skin turbans, with open countenances, honest faces and 
greetings, they were unique, as this generation would 
view them, stalwart, social, brave and jovial cousins and 
friends, ready to welcome a new settler, swap land war- 
rants, beaver and wild pelts for powder, shot, calicoes or 
flint rifles, or administer law without technical environ- 
ment, on the basis of common sense and unentangled 
equity. They had many virtues; inflexible integrity, for 
which as descendants we honor their memories and herein 



27 

historically inscribe their names. Vanished -are their 
flwellings and the cabin court hall, and at the opening of 
this second century even the exact site thereof is not 
only unmarked by stone or tablet, but unknown. 

At the April Term, 1800, the committee authorized to 
fix a proper place for the erection of buildings, made re- 
port, upon which there were six of the bench voting to 
affirm and six opposed. 

There were present at the sitting 13th October, 1800, 
eleven members, as follows: Hugh Phelps, Thomas Frib- 
ble, William Hannaman, Juo. G. Henderson, Abner Lord, 
Hezekiah Bukey, Thos. Lord, Joseph Spencer, Joseph 
Cook, Caleb Hitchcock and Ichabod C. Griffin. This en- 
try appears: 

"Whereas, there never has been, under the late act of 
the General Assembly, passed on the 11 day of January, 
1800, a permanent place fixed on and appointed to erect 
the Public Buildings of the County on. It is therefore or- 
dered by the court that the necessary Public Buildings 
for the County be erected on the land of Isaac Williams, 
on the Ohio river opposite to the mouth of Muskingum 
river near where said Williams' Barn now stands. " 

Ordered that the next court to be held for the county, 
be held at the house of Isaac Williams. Ordered that the 
Court do now adjourn." 

The Court was unanimous, except Joseph Cook, 
respecting the Court House being removed to Isaac Wil- 
liams, as he opposes it. The Court do now adjourn until 
court in course, to the house of Isaac Williams opposite 
the mouth of Muskingum." 

This was signed by the Justice presiding, Thomas Lord, 
and below on the same page of the minutes was: 

"N. B. The above and foregoing record of the proceed- 
ings of this day is Ironious (erroneous) and not true, 
though wrote according to the order of the then sitting 
Court, particularly the part resj)ecting the removing of 
the Court House, or Seat of Justice, and the minutes was 



28 

signed without reading or having been previously read. 
This I certify, Oct. 13 1800." 

Teste, John Stokely, Clerk W. C. 

Notwithstanding this clerical statement, the Court did 
meet, Nov. 10, at the designated home of pioneer Isaac 
Williams, and the records show that: 

Jno. G. Henderson moved to adjourn Court to the house 
of Hugh Phelps. Those favoring were: Hugh Phelps, 
Daniel Kincheloe, Jacob Beeson, Thos. Pribble, Reece 
Wdolf, John Neal, William Hannaman, Jno. G. Hender- 
son, Jesse Lowther and John Stephenson, 10. Those 
opposing said order were: Joseph Spencer, Abner Lord, 
Thomas Lord, Caleb Hitchcock, Hezekiah Bukey and 
Joseph Cook, 6. 

The order is as follows: "The Court proceded to recon- 
sider the adjournment of the last Court to the house of 
Isaac Williams, which they consider to be a measure very 
injurious to the body of people in this county, embarrass- 
ing to the Judicial Proceedings, inimical to the harmony 
of the people, and adopted with sinister views against the 
interest of the County at large. Thereupon it is ordered 
that Court do now adjourn to the House of Hugh Phelps, 
at 9 o'clock tomorrow. " This was signed by Hugh Phelps 
as presiding Justice. 

Accordingly next day, at a full court assembled at the 
designated house, it was ordered and unanimously agreed 
to, that "the Point, above the Mouth of the Little 
Kanawha river, at the Union of said Kanawha and Ohio 
rivers, on lands owned by John Stokely, is the proper 
place for the Seat of Justice for said County, and it is 
accordingly ordered that the necessary Public building be 
erected thereon. John Stokely voluntarily agrees to 
give the Court, for use of the county, as much of said land 
as will be deemed sufficient for the said purpose by a 
Committee to be appointed by the Court, so as not to 
exceed two acres, and to make a sufficient deed for same 
when required by the Court, with a promise to revert to 



29 

him, said Stokely, whenever the Seat of Justice is 
removed from his ground. And it is further unanimously 
agreed that they will support the above order, and never 
will raise any objections to the same. It is also agreed, 
and is hereby ordered, that the several donations hereto- 
fore made by Hugh Phelps to the Court for the use of the 
County shall now revert to him, and that the Court relin- 
quish all claims to the same. Witness our hands. It is 
to be understood that the Justices here subscribed do~^not 
object to the legality of these orders." Signed on the 
Minute Book by Hugh Phelps, Jos. Spencer, Jno. G. 
Henderson, Daniel Kincheloe, Caleb Hitchcock, Thomas 
Lord, Jacob Beeson, Ichabod C. Griffin. John Stephenson, 
Jesse Lowther, Reece Woolf, Joseph Cook, William Han- 
naman and Abner Lord, 14 Justices. 

"William Hannaman, Edward Stephenson, and Stephen 
R. Wilson were appointed a committee to view and lay off 
grounds suitable for Public Buildings, to be erected upon 
at the mouth of Little Kenawha, and report same to next 
Court. 

' 'Ordered that Court do now adjourn to the Point at the 
upper side of the Mouth of the Little Kenawha river until 
Court in course." This was signed by Justice Phelps act- 
ing for the Court. 

Deed book No. 1 has the following, as the report of the 
committee on public grounds: 

Agreeable to an order of Wood County Court, made the 
12th day of November 1800, we, Stephen R. Wilson, Will- 
iam Hannaman and Edward Stephenson, have this day 
viewed and laid off the ground most proper for erecting 
the Public Buildings upon for said county, which is situ- 
ate as follows, viz: Beginning at a stake near a marked 
Cherry Stump about three hundred and fifty-five feet 
from the Ohio river and running thence south forty-four 
degrees West 74 feet to a marked White Walnut tree on 
the banks of the Little Kanawha river. North forty-six 
degrees West one hundred and four feet, thence 74 feet to 
the beginning stake. 



30 

In witness whereof we have hereunto set our hands this 
13th day of November, IHOO. 

Stephen R. Wilson, ) 
WiELiAM Hannaman. >- Committee. 
Edward Stephenson. ) 
Recorded agreeably to the order of the Court made 
Dec. 8, 1800. 

The Justices Minutes, on the 6 April, 1801, have this 
entry: "Ordered that George D. Avery, John Stokely, 
Stephen R. Wilson, Hezekiah Bukey, Joseph Halley and 
William Enoch be commissioners to promote and receive 
subscriptions for purpose of erecting Public Buildings at 
the mouth of the Kanawha, and report their progress at 
next June Court.'' 

Diligent search fails to reveal among the scant files 
preserved, or upon the records anywhere, the original or 
copy of the report of the building and soliciting commit- 
tee. The primitive Temple of Justice was put into exist- 
ence, and as no allowance was made by the court for its 
erection, it is properly to be inferred that the pioneer few 
met the expense from their individual funds. 

These grounds covered two acres, and were along the 
river above and below Juliann street, along whose foot 
the winding Rifie Run, now filled up, passed across First 
street and into the Kanawha current. Over this ravine 
for years rested wide poplar gunwales, a primitive bridge, 
used by lawyers, clients, judges and citizens to and fro 
between court house and clerk's office and "The Tavern' 
at the Point. 

Here, near deep pawpaw thickets which sheltered the 
horses of witnesses, plaintiffs, defendants, jurors and the 
settlers from sultry summer rays, and in sight of many 
canoes moored at the run's mouth, under wide-spreading 
elms, was erected the first building owned by the county. 
Hewed logs were to be used for walls and puncheon 
boards for a floor. 

This primitive building is still standing, and the busy 
population of our city to-day, while rushing across to 



33 

South Parkersburg, upon the Kanawha iron bridge above, 
scarcely recognize the structure as one built of hewed 
logs from the near-by forest nearly a hundred years ago. 
It is owned by Mrs. Leonora G. Rex, a descendant of pio- 
neer John Gibbens. Many years ago it was weather- 
boarded and later tinroofed, and since was used by the 
Rex Hardware Company as a warehouse. It is a dilapi- 
dated structure, in the march of improvements neglected 
by the Council, and which should be transferred to the 
City Park, restored to enduring shape, as a souvenir of 
olden days. It might properly be the Museum Hall, 
under charge of a County Historical Society, for the col- 
lection, preservation and exhibit of curios, Indian relics, 
pioneer heir-looms, and antique souvenirs now unseen and 
unprized by descendants of pioneers of Wood County. 

If the okl walls could talk, no doubt many interesting 
stories would come to light in which the legal talent of 
pioneer days participated, and in which defeat to plaintiff 
or defendant meant as much in the way of chagrin or dis- 
appointment as do the verdicts of the present day. 

Doubtless the voice of the eloquent Philip Doddridge, 
as well as of Edwin S. Duncan, Jonathan Jackson, Judge 
Lewis Summers, Blennerhassett, Capt. James Neal, 
Lewis Cass, Gen. Joseph Spencer and Sheriff Thos. 
Tavenner resounded through the open windows into the 
numerous branches of the huge encircling elm and ghostly 
sycamores. In front of the court building slaves were 
put up at sale and cried off to satisfy some debt incurred 
by the master or where estates must be settled and a sale 
of the blacks seemed necessary to complete the distribu- 
tion of the assets. Among these is recollected Blenner- 
hassett's favorite servant, Ransom Reed, who brought the 
trifling sum of thirty-tive dollars. 

The minutes show innumerable adjournments from 1800 
to 1815, the completion of the First Court House on Public 
Square. The first year Presiding Justice Phelps had 
the honor at his home below Neal's Station; Stephen R. 
Wilson in 1801, shared the privilege with him; Caleb Bar- 



34 

ley and Edward Stephenson in 1802 and 1803; and Bailey 
principally in 1804, receiving therefor $15 for use of 
house; James G^Laidley in 1805; John Stephenson, Phelps 
and Bailey in 1806; Thomas Neale and Lovott Bishop in 
1807; John Neale and Thomas Neale in 1808; John Neale 
in 1810, for which he was allowed the munificent sum of 
one dollar [per day; Thomas Neale again in 1811; he and 
in 1812 and others 1813; and Caleb Bailey in 181-1, while 
constructing the new court building. 

John Stokely, in 1799 and later, lived in a cabin of logs, 
near what is still called "Snakeville Spring," on one of 
his many tracts of forest land. There he kept, taking 
them home with him at the close of each day during the 
Justices courts, the minutes to be entered in a thin, 
leather-backed home-made volume. This primitive build- 
ing might properly be considered the first clerks-office of 
the new county. The old site is readily defined by exist- 
ing unhewn stone corners in the old foundation, and 
should be marked by a marble shaft designating it as the 
spot where the clerks office was in the days of disputed 
organization and seat location. The acreage is almost in 
sight of the City Park and Electric-car line, and the im- 
provements of an expanding Parkersburg are rapidly 
approaching the spot. 

Justice George D. Avery, 3 April 1809, was made super- 
intendent to cause the erection of new steps to the court 
house, and subsequently, in June, Nimrod Saunders, jail 
deputy, • was allowed $24. 12^ for the building, Jonas 
Beeson $5.20 for pine boards, and Charles Price $5 for 
joists for same. This stairway was on the outside, lead- 
ing from the ground to the upper story or court room. 
Nov. 8, 1810, the same Justice was authorized to purchase 
a stove and pipe for the court use, and glass for the 
repair of the windows, "should-the appropriation for these 
purposes at last court of claims be sufficient." So, it is 
easily inferred that the court room, if not the prison 
below, had the sunlight of pioneer days flowing in upon 
the Justices, and that they were honest and economical 



35 

enough not to exceed the appropriations, even in sniiiU 

matters. 

The old court house structure and lot was bought of 
Deacon Dana of Belpre, O., by Samuel Rex, is still extant, 
has been covered by Aveatherboards, and cost him |3500. 
The mouth of Rifle Run, which once passed out its current 
into the Kanawha near this cabin, has disappeared in the 
march of improvement, with the poplar gunwale bridge 

spanning it. ^ 

In the session of 1810-11 the delegates irom Wood 
county in the popular house of the Virginia Assembly 
were John Neal and Jacob Beeson, sturdy, able, vigilant 
pioneers, and the peers in acumen and integrity of any 
from the Tide-water section. 

The Richmond Enquirer of that date states that, 
"Agreeably to a resolution of the last session most of the 
members appeared, partly dressed in domestic manufac- 
ture. " 

Among those were our representatives. Doubtless, 
upon their own plantations were raised the sheep and 
spun the wool and woven the Virginia or Kentucky jeans 
which gave them stalwart and impressive personnel as 
they leaped from their steeds of flesh and blood, after a 
protracted journey over the state roads and entered the 
principal tavern or hostelry of Richmond, ready for their 
part of legislative duties. They had left a constituency 
and opponents somewhat distracted and divided on the 
question of county-seat location and court house building. 
The Juntas had held meetings, framed addresses and pe- 
titions, each determined to win. 

Friday, Dec. 7, petition was presented in the house 
from William Robinson, Jr., and sundry citizens from 
Wood county, praying the passage of a law authorizing 
the Justices of the county, when they shall think proper, 
to erect a Court House on the public square, in the town 
now laid off by the name of Parkersburg, and thereafter 
to hold the courts of the county therein.'' 

Also petition from William Robinson and Mary, his 



36 

wife, praying that the taxes assessed upon certain lands 
in the County of Wood may be remitted in favor of the 
petitioners, and that a town as now laid out on said lands 
may be estabUshed by the name of Parkersburg. 

The Committee to which reference was made, 12 Dec, 
1810, reported as its opinion that "the petition of Robin- 
son and wife praying that an act be passed exemjDting 
them from the payment of taxes on certain lands in the 
county of Wood, which they recovered by a final adjudi- 
cation in the Superior Court of Law, holden for said 
county at the September term in the present year, of a 
certain John Stokely and Hugh Phelps, which taxes have 
been paid by the said John Stokely and Hugh Phelps, in 
the name of Thomas Thornton, is reasonable." 

In the House of Delegates, 13 Dec, the commitee re- 
solved, "as the opinion of this committee that the petition 
of sundry inhabitants of the county of Wood, praying that 
an act may pass establishing the lots and streets as 
already laid off near the town of Newport, including the 
same, into a town by the name of Parkersburg, and au- 
thorizing the Justices of said county, whenever they shall 
tliink projier to do so, to hold the courts of said county in 
Parkersburg instead of Newport, which is to be added to 
and made part of the said town of Parkersburg, is reason- 
able/' 

The session of the Assembly in 1811-12 develojjed more 
agitation and some bitterness among contending factions 
in the county as to the proper location of the seat of 
power. Saturday, 14 Dec, 1811, there was presented in 
the House a petition of the inhabitants of Wood county, 
praying a removal of the seat of justice for the said 
county from the town of Parkersburg, which petition 
being partly read, a motion was made and agreed to by 
the House, that the reading thereof be stopped, as con- 
taining matter highly indecorous and scandalous, reflect- 
ing on the character of a member of this house, and 
couched in terms unworthy of its dignity. 



37 

The result was that a motion to withdraw the offensive 
petition was granted. 

The influence of Vienna, Monroe, and old Newport 
from the south side of the Kenawha, continued to agitate 
removal for the next two years and longer. The waves 
of discussion from the pioneer taverns at the "Point," at 
Neal's Station, and the cluster of cabins at Bellville and 
the settlement of Williams and above, reflected their force 
into the legislative halls. 

NEW COURT BUILDING. 

The Justices having decided by a majority of votes the 
proper location of a building, entered upon their minutes, 
5 Nov., 1811, this record: 

"The Court, taking into consideration the decayed 
state of the Court House of this County, and the great 
inconvenience resulting from the Clerk's oftice and Jail 
now building, being at a considerable distance from the 
place of holding the present court, as well as the impro- 
priety of holding courts in a building the title to the lands 
on which it stands being in dispute. 

It is therefore ordered that James G. Laidley, John 
Stephenson and Ichabod C. Griffin be appointed commis- 
sioners to let to the lowest bidder the undertaking the 
building a Court House, to be built forty by forty feet 
through the center each way, two stories high, of brick, 
stone, lime, mortar, timbers, plank, nails, glass and iron, 
on such part of the public square in the town of Parkers- 
burg as the said commissioners may fix upon. And the 
said commissioners are authorized and required to take 
bond with good security, payable to the Justices of this 
County, in double the sum agreed upon, conditioned for 
the faithful performance of the contract so entered into, 
according to the Act of Assembly, entitled an Act to estab- 
lish a Town in the county of Wood, and for other purposes 
passed January 11, 1811. And it is further ordered that 
the Commissioners aforesaid bind the undertaker, or 



38 

undertakers, to finish and complete said court-house on 
or before 1st August, 1813. And the Court, considering 
that, inasmuch as the whole tax for building the Clerk's 
Office and Jail aforesaid has not been collected, and it 
would be most convenient to levy a tax for building said 
Court House in three years; It is ordered that one fourth 
of the sum agreed upon for building said Court House, be 
levied and collected in the ensuing year, and the balance 
to be levied and collected one half in the year 1813, and 
the other one half in the year 1814; and that the commis- 
sioners report, January term next, their proceedings." 

In due time the commissioners reported that, "having 
previously made known the day of sale, through the -'Bye- 
Stander, " published in Clarksburg, and the "Western Spec- 
tator," in Marietta, and other means they had let the 
building of a Court House to Bennett Cook, for the sum 
of $3,168.75; that they have fixed on the center of Court 
Street one foot beyond a line with the Clerk's office, and 
fronting the Ohio river, as the most eligible spot for the 
court house, and that they have taken Hugh Phelps, Jos. 
Cook, John Neal, Isaac Morris and Jonas Beeson securi- 
ties in the bond for the faithful performance of the con- 
tract. 

This order and contract was rescinded, 12 April, 1812, 
and Isaac Morris, Stephen R. Wilson and Geo. D. Avery 
were made commissioners to let a building, 45 by 45 feet, 
but similar in other respects. These second commission- 
ers to the court of 1 June, 1812, reported that: 

"By virtue of an order of the court as directed, passed 
at May term 1812, we have, at public sale at the door of 
the present Court House, sold the undertaking of the 
building of a new court house on the Public Square in the 
Town of Parkersburg, to Caleb Bailey, for $3,950, to be 
finished agreeably to the order of the court; and we have 
also taken bond and security for the performance of the 
same." 

Isaac Morris, 
Stephen R. Wilscn, 
Geo. D. Avery. 



39 
ROBINSON DEED TO THE PUBLIC SQUARE IN 1811. 

This Indenture, made this first day of May, in the year 
of our Lord one thousand eight hundred and eleven. Be- 
tween William Robinson Jr. and Mary his wife of Pitts- 
burg in the State of Pennsylvania, of the one part, and 
John G. Henderson, Alexander Henderson, Ezekiel Mc- 
Parland, Daniel Kincheloe, Reece Woolf, Thomas Taven- 
ner. Hugh Phelps, John Neal, George D. Avery, Richard 
Neale, Robert Edelen, Peter Anderson, Bennett Cook, 
Joseph Spencer, Ichabod C. Griffin, H^ekiah Bukey, 
John A. Kinnard, Robert Triplett, Thomas Maley, John 
Stokely, and Robert Wells, Gentlemen, Justices of the 
Peace within and for the County of Wood in the State of 
Virginia of the other part, 

Witnesseth, that the said William and Mary, for and in 
consideration of one dollar to them in hand paid, have 
bargained and sold and by these presents do grant bar- 
gain and sell and convey to the said Justices and to their 
successors in office, for the use of the County aforesaid, 
the public square in the town of Parkersburg, containing 
exclusive of streets and alleys, one acre and one third of 
an acre, bounded eastwardly by lots No. 70, 71, 87, 86, 
westwardly by the lots No. 72, 73, 84, 85, northwardly by 
William's Court and southwardly by Phillip's Court. To 
have and to hold the said public square with its appur- 
tenances to the said Justices and their successors in office, 
forever to and for the uses aforesaid. 

In Testimony whereof the said William and Mary have 
hereunto set their hands and affixed their seals the day 
and year above written. 

William Robinson, Jr. (Seal) 
Mary Robinson. (Seal) 

Signed sealed and delivered in presence of 

Samuel A. Roberts. 
Samuel Roberts. 

Received on the day of the date of the above Instrument 
of Writing of the above mentioned Justices of the Peace 



40 

for the County of Wood, one dollar lawful Money, being 
the consideration in full above mentioned. 

William Robinson, Jr. 
Pennsylvania, ss: 
(Seal) 

Before me the subscriber. President of the Courts of 
Common Pleas of the fifth Judicial District of the Com- 
monwealth of Pennsylvania, personally appeared the 
within named William Robinson and Mary his wife, and 
in due form of law acknowledged the within written deed 
to be their act and deed, and as such desired the same 
might be recorded, she the said Mary being of full age and 
being examined separate and apart from her said Hus- 
band declaring that she executed Khe same without con- 
straint or coercion of her said husband. 

In Testimony whereof I have hereunto set my hand and 
seal this first day of May, Anno Dom. one thousand eight 
hundred and eleven. 

Samuel Roberts. 

This is followed by certificate under seal of the Pro- 
thonotary of the Court, as to authority and signature of 
the President of the Courts. 

PETITIONS TO THE ASSEMBLY. 

In the House of Delegates, 10 Dec. 1813, was presented 
a "Petition from a number of the citizens of Wood, repre- 
senting that a difference of opinion exists among the peo- 
ple of that county, with respect to the present seat of 
Justice, and praying that certain persons therein men- 
tioned, be appointed commissioners to fix on the most 
eligible position, having due regard to the local situation 
of the county, as well as the rights and interests of the 
people; also that a law may pass authorizing the court of 
Wood to levy in next levy a sum sufficient to pay said com- 
missioners a reasonable compensation for their trouble. 

The same session and day, was offered adverse petition, 
"of a number of other citizens of the county, objecting to 



41 

the appointment of the persons proposed as commission- 
ers by the last mentioned petition, suggesting the propri- 
ety of selecting commissioners from the several extremi- 
ties of the County; and observing that a County levy is 
not necessary to make such commissioners' compensation, 
a sufficient sum having been raised already, by voluntary 
subscription. " 

Another petition in the House was presented, 14 Decem- 
ber 1813, from Wood, that a law may pass directing 
removal of the seat of Justice of said county, from the 
town of Parkersburg, to some more convenient and cen- 
tral place, and that the collection of money levied for the 
present year, intended to defray any part of the expense 
of erecting the new, unnecessary and extravagantly 
expensive Court House, about to be built, be prevented." 

A bill was passed, 13 Jan. 1814, in one of the branches, 
and ten days later passed both houses, to fix a proper 
place for the Court House, as follows: 

CHANGE OF COURT LOCATION. 
Act of 24 Jan., 1814. 

"Whereas it is represented to the General Assembly 
that the inhabitants of the County of Wood labor under 
great inconvenience, by being compelled to attend their 
court at the place where it is now holden. 

Be it therefore enacted, that Joseph Martin, and Joseph 
McCoy, of the County of Ohio, John Henderson. John 
McCulla and Thomas Hughes, Sr., of the County of 
Mason, gentlemen, be and they are hereby appointed 
Commissioners — authorized and required to ascertain and 
fix on the most proper place for holdingr- courts for said 
County, having regard to the local situation and public 
convenience; and provided the Court of said County shall 
be removed from the place where it is now holden, they 
are to lay off and assess the value of two | acres of land at 
the place so ascertained; whose duty it shall be, after 
having performed the services hereby required, to make 



42 

report thereof to the court of said County, to be there 
entered of record; and from the time of the return of said 
report, the title of said two acres of land shall be vested 
in said County for use of the same. 

That if said commissioners or a majority of them should 
tix upon any situation other than where the court of said 
County is now holden, * * * that so soon as a suffi- 
cient subscription shall be raised by, and competent funds 
procured by voluntary contributions, consisting of money, 
labor, or material, for purpose of erecting a court house 
and jail at the place aforesaid, it shall be 'lawful for Peter 
Anderson, George Creel, Anthony Buckner, Alexander 
Henderson, John A. Kinnard, Ezekiel McFarland, Thomas 
Maley and Adam Deem, any three of whom may act, who 
are hereby required to contract and agree with some per- 
son or persons for undertaking the said buildings consist- 
ing of such dimensions and materials as the said commis- 
sioners* may direct, taking bond and security. 

That so soon as said buildings shall be completed, ^ 
report be made to court and entered of record, and the 
said court, at end of the term to which said report shall 
be made, shall adjourn to the Court House at the place so 
fixed, and to the buildings erected thereon in pursuance of 
this act, whereupon the Court of said County of Wood 
shall thereafter be holden at said place. 

That as soon as the said court shall be adjourned as 
aforesaid, the said Commissioners, or a majority of them, 
shall, and they are hereby authorized and required to sell, 
for the best price that can be obtained, and upon such 
terms as they think best, the jiublic j^roperty in the town 
of Parkersburg, giving at least two months previous 
notice of such sale by advertising same at the door of the 
old Court House in said town. That it shall be the duty 
* * * to apply the money produced by such sale toward 
paying the valuation of the two acres of land aforesaid 
and defraying all necessary expenses which may have 
accrued in the buildings aforesaid, in the first place; and 

♦Allowance to the commissioners, $:} per clay for time employed. 



43 

to divide the residue thereof amongst all such persons as 
have voluntarily contributed thereto, in proportion to 
their respective contributions; but should the residue 
exceed the sum subscribed, then the surplus shall be 
applied to such county purposes as the Court of said 
County may direct. 

COMMISSIONERS REPORT. 

1 April 1814. 

A report of the Commissioners appointed to ascertain 
and fix the proper place of holding the courts of this 
County v^^as returned in words and figures following, to 
wit; which report is ordered to be recorded: 
To the Worshipful Court of Wood County: 

The undersigned, by an act of the General Assembly of 
Virginia, passed the 24th of January, 1814, entitled an 
act appointing Commissioners to ascertain proper place 
for holding courts in the County of Wood and for other 
purposes, having been appointed Commissioners for the 
purpose aforesaid, and having attentively examined and 
considered the subject matter to us assigned by said act, 
having had due regard for the local situation and public 
convenience of said County, as well from the present 
as probable population thereof, beg leave to report that 
they are unanimously of the opinion that the public 
square in the Town of Parkersburg as now appointed, is 
the proper and most suitable place for holding the courts 
of said County. 



Signed. 



Joseph Martin, } r\u- r^ 

Joseph McCoy. [ Ohio County 

John Henderson, ) 
John McCulloch, >• 
Thomas Hughes Sr. ) 



John Henderson, ) 

John McCul loch, >• Mason County. 



44 

SUIT AGAINST CONTRACTOR BAILEY. 

Upon the court minutes, 2 January 1815, are the words: 

"It appearing to the Court that Caleb Bailey, the under- 
taker of the new court house upon the Public Square in 
the town of Parkersbur^h, hath failed to comply with his 
said undertaking by building and completing the said Court 
House, within the time stipulated in his contract; it is 
therefore ordered that James G. Laidley and Joseph H. 
Samuels institute a suit upon the bond of said Caleb 
Bailey, in the Superior Court of Law of this County." 

Both at the March and April sessions of 1816, it was 
concluded that the old court building on Kenawha street, 
was "out of repair and unfit for use," and an adjournment 
was ordered to the building erected on the Public Square, 
by Caleb Bailey. 

To this, pending a suit, the contractor demurred, and 3 
Feb. 1817, the court entered upon its minutes: 

"Whereas a contract was entered into by and between 
Caleb Bailey and the Justices of Wood County for the 
building of a Court House, in said County, and 

Whereas, a suit was instituted in the Superior Court of 
said County against said Bailey and his sureties for non- 
performance of contract, which said suit is now pending 
in said court, and 

Whereas it appears to this court that the said Bailey 
has nearly completed his said contract in building said 
Court House, 

It is therefore ordered that the Court doth now receive 
said building, and that the sheriff of the County take 
possession thereof, and that the Attorney for the Justices 
of the County dismiss suit against said Bailey and securi- 
ties, at the next term of said Superior Court, at cost of 
said Bailey on the said Bailey completing the residue of 
^he said contract." 

In June 1817 Isaac Morris, James H. Neal and Joseph 
H. Samuels were authorized to have the Buildings on the 
Public Square enclosed with a suitable fence, and eighty 



z 
m 

H 
- I 

^ o 
5o 

I 
o 

c 

(0 

m 

















47 

dollars was appropriated, for the expense thereof. The 
fence was one made by swinging iron chains from many- 
posts, and having three turn-styles, double ones at front 
and single ones at side approaches near the clerks offices. 
The engraving on opposite page presents a fairly ac- 
curate picture of the first substantial Court House. In 
front grew up immense locust trees, and at the sides, drop- 
ping at proper season their rustic fragrance, and later 
their leaves over candidates for office, and the deputy sher- 



irf^'^-^x^fK^.^^^^i ^ i_ rg t f.'^m fVfX"'!' 





'^ 




^■mpf^M 




Pen Di-a-wiiighy J. H. Diss Debar. 

THE VILLAGE MARKET 

iffs, constables and auctioneers who cried-off personal 
property to the highest bidders on court days, very much 
as they do now, eight tenths of a century ago. 

The court room was fitted up in the plainest style. The 
platform or judicial bench was four feet high and extended 
across one entire end of the building. This was neces- 
sary, as there were at quarterly terms often twenty Jus- 
tices in attendance at once — every magistrate in the county 
being a judge. The jury hall was in the second story, and 
approached by a narrow stairway from one corner of the 
court room below. It was devoted, by assent of the cus- 
todian, to society and committee meetings. The first Ma- 
sonic Lodge, instituted by Judge Summers as Grand Mas- 
ter of Virginia in 1819, held its meetings for years in this 



48 

tyJed chamber, and it is asserted that Ephraim Bee, the 
humorist politician and legislator, in the midnight hour 
oft gathered the dignified and sedate novitiates of local 
prominence and the legal lights of other counties there to 
enjoy the mysteries and deep secrets veiled in the order 
of E. Clampus Vitis, while his solemn voice uttered impe- 
rious-mandate and the victim became the center of mirth 
and laughter. 

In the rear — shown in above separate cut — subsequently 
was erected, at expense of the city, a Market House. The 
Jail was across Market street, on the site of the present 
one, or perhaps a little South-west on the prison lot. It 
was of stone as far as the prisoners quarters, and of brick 
for the family of the Jailor. It is said that this jail was 
built by Peyton Butcher and Charles Price. 

Upon either side of the court edifice were one-story 
brick buildings, used respectively for the County and Cir- 
cuit clerks. The space between the Court House building 
and the clerks' ofiices was about twelve or fifteen feet. 
Just back of these buildings, extending along Market 
street, was located the market house with its brick pillars 
and low roof, eves extending out beyond the pillars, fur- 
nishing a shelter many feet outside of the house proper. 
The space surrounding the building was enclosed by a 
chain fence, consisting of posts from which drooped one 
single line of chain, and here and there a turn -stile, that 
allowed egress and ingress to the then up-to-date lawn, 
and served to prevent the cows from making it a tryst- 
ing place, although the hogs that were loose in the town 
could pass under with ease, but at the risk of being cor- 
nered by some of the idle boys who were ever ready to 
mount their backs and ride at break-neck speed to the 
chain fence, where rider and hog would part company, 
the hog passing under the chain and out into the domain 
of liberty and the boy sliding off onto the ground with a 
heavy thud. As the warm days of summer came on and 
work in the clerks' offices grew slim or the clerks grew 
tired and weary of indoor life, the shady space between 



49 

the buildings became a place of recreation and games, and 
the clerks, lawyers, editor, and other prominent men of 
the village could be' often found engaged in the game of 
marbles, and the voice of Armstead Moss, James J. Neal, Al- 
exander McD. Sterret, A.G. Clark, Pat Kiger, JohnR. Mur- 
dock,Cincinnatus J. Neal, the Jackson boys and others, most 
of whom have long since crossed the silent river, could be 
heard using the boyish phrases: "Knuckle down," "No 
hunching," "Who picked up my taw?" "Get back to the 
line." In the rear of this scene, upon the dirt floor of the 
old market house, could be heard the voices of the 
younger set as they played "Rolla Bola," or "Four hole 
marble," and Kinnard Snodgrass, A. P. Gibbens, Ed. P. 
Chancellor, Arthur H. Chevalier, Albert K. Leonard, 
Gordon B. Gibbens, Charlie B. Smith, Jos. B. Neal and 
other boys all hollowing- at once: 4'My turn next," "Stop 
your hunching, you took two spans," "You're out of the 
game." Back of the old court-house and near the market 
house stood the whipping past, and the writer of this has 
pictured in his mind to this day, the appearance of a thief, 
one Bodine, who was sentenced to be publicly whipped 
for robbing the clothesline of one of our citizens, L. P. 
Neal. As the Sheriff, Uncle Till Cook, with a good strong 
whip, began the execution of this sentence, and as the red 
streak appeared after each stroke of the whip, we were 
convinced that it was an awful bad job to be caught steal- 
ing from a clothesline. 

THE OLD GIVES WAY TO THE NEW. 

The third seat, or first permanent court house, has been 
the place of organization for the Baptist, Methodist, 
Episcopalian, and Presbyterian church societies. There 
elders, deacons, stewards and vestrymen were elected. 
" Its unblessed secular bell summoned all the congrega- 
tions," in turn, and invited the public to religious wor- 
ship. The great theologian and orator Alex. Campbell 
there frequently delivered his impressive sermons, but 



60 

failed to father into the fold enough members to form a 
church organization. 

On 1 Dec. 1817 the sum of four hundred dollars was 
appropriated to procure a suitable bell, and David Blair 
commissioned to purchase and put it in place. That 
metalic sounding board had a history interesting to mor- 
alize over. Beneath its space in the cupola of the Temple 
of Justice not only wrangled lawyers, who have become 
distinguished for oratory and legal lore, both in forum, 
and legislature, and the bar of an imperious variable 
public opinion, but divines whose fingers on the sacred 
page pointed erring souls who had fractured superior 
law, to a court more merciful than human judges; and here 
at its signal met the reformers of every phase in religion, 
temperance, politics, exhibitions humorous and minstrel 
and miscellaneous. Wliig and Federalist from its ele- 
vated broad platform, discussed the principles of their 
opposing theories, and in forensic discussion urged the 
voters, one to marshal under the banner of "Men, not 
Measur'es, " and the other " Measures, not Men." 

Here, in forum and at the bar, orated and pleaded with 
fervor and magnetism talented and distinguished public 
men of home and distant sections, who have long gone to 
their reward. Isaac Morris, terse, independent, Tenera- 
ble, who went oft by viva-voce suffrage to the Virginia 
Assembly; James G. Laidley, Prosecutor and Capt. in the 
war of 1812, Joseph H. Samuels, and Joseph Spencer, Dan- 
iel G. Morrell, preacher, teacher, lawyer, and court scribe, 
Gen'l John Jay Jackson who oft from its platform ad- 
dressed the people on fundamental themes and leading is- 
sues to inhabitants west of the mountains; Jacob Beeson 
Blair who later represented the District in Congress when 
Lincoln gave into his hands the parchment of Statehood, 
Peter G. Van Winkle who filled so well a Senatorial seat 
in political storm, Snodgrass, Mayberry, Stephenson all 
gifted and learned in the law, Judge Wm. L. Jackson, Lt. 
Gov. of Virginia, and a host of others, who here and else- 
where won distinction and success. 



In the process of time, with its historic associations, 
its shaded surroundings, and its pristine architecture, 
like the pioneers who caused its construction, by the 
edict of another generation, and the inexorable law of de- 
cay, the old court building gave way to its successor, the 
recent one, upon the same public square on the soil of 
which Allen had once planted, cut, husked and garnered 
the maize of the Indian. 

Another step forward in the line of progress, -and the 
command went. forth that a 'larger, more convenient and 
handsomer structure should take its place. 

Down came the monument of pioneer days and the same 
cry went up from some of our citizens that fills the air to- 
day: "Too expensive, the old one is good enough." "We 
don't need it." 

The fourth court house, engraving of which is given on 
opposite page, was ordered to be erected in 1859, and com- 
pleted in 1860. It cost $25,000, and at its completion was 
the finest then in the western part of Virginia. It was 
begun by order of the court and first occupied in Novem- 
ber, 1860, ere the storm of war swept the Nation. 

It is of record in the County Order book, April Term 
1859, page 286: 

"The Justices of the County, having all been summoned 
to attend the court to consider the propriety of erecting a 
new public building for the said county, and a majority of 
said Justices being present, decide to erect said building; 
whereupon John R. Murdock, William L. Jackson, James 
Cook, John Hall, Jas. M. Jackson, H. P. Dils and Josiah 
Shanklin, Gents, are appointed Commissioners 'to report 
a plan and specifications of said building, together with 
the probable cost of the erection of the same, to the next 
levy Court of this County." 

On the first day of the June term report was made in 
these words: 

"To the Justices of Wood County Court: 

The undersigned, appointed at the April term 1859, to 
report plans and specification of new public buildings to- 



54 

gether with theiprobable cost of the erection -of the same, 
beg leave, respectfully to report: 

That they submit herewith ground plans and front ele- 
vation for the Court House to occupy the present site of 
the Jail, and to front on the line of Market street, as ex- 
tended through the public square, the estimated cost of 
which will not, in the opinion of your committee, exceed 
$14,000. 

Your committe recommend the erection of a new jail, 
inasmuch as the present one is both unsafe, and so con- 
structed as to render it difficult, if not impossible to ven- 
tilate, and because your Committee deem the site of the 
same the most suitable for the erection of the new Court 
House. 

Your committee have selected a lot convenient to the 
present Public Square upon which to erect the proposed 
new Jail, having a front upon Court Street of 85 feet, and 
a depth of 170 feet, which can be purchased at the pres- 
ent price of $800, from Beverly Smith, Esq. This lot has, 
in the opinion of your committee, at least two hundred 
dollars in value of spare dirt, which can be used in mak- 
ing the fill in the rear of the new Court House. 

Your Committee herewith submit a plan for a new Jail, 
the estimated cost of which will be about $5,000. 

Inasmuch as your committee have selected the present 
site of the Jail as the location of the new Court House, 
they recommend that the new jail be first erected, that 
the same be commenced and completed during the pres- 
ent year, and that a levy be made to the amount of $4,000 
for the purpose. 

John Hall, Jas. M. Jackson, 

Jno. R. Murdock, Josiah Shanklin, 
James Cook, Wm. L. Jackson, 

H. P. Dils. 

"Whereupon," continues the record, "James M. Steph- 
enson appeared, and moved in court to postpone the con- 
sideration of the subject of the public building until the 
next levy term of the Court, which motion being argued 



55 

and considered, is overruled by a vote of eleven to seven. 
And thereupon the plan of the Court House presented 
by the Committee is unanimously adopted. And the ques- 
tion of locality of said Court House being considered, then 
between the location fixed by said committee in their 
report^namely, the site of the present Jail — and a point 
commencing on the North West side of Market street, and 
running toward the present Court House — the Court, with 
one dissentient only, determined oji the latter point as the 
locality of the said new Court House." 

"It is, therefore, ordered that JohnR. Murdoch, James 
Cook, Jas. M. Jackson, Wm. L. Jackson, and Edward 
Tracewell, Gents, be and they are hereby constituted and 
appointed a Committee to contract for. the construction 
and erection, and to suj^erintend the building of the new 
Court House of this county, and the repairs to be made 
to the present Jail, with power to said committee to contract 
for the making brick and building the said Court House, 
and to purchase the necessary lumber and timbers for the 
same, and generally to exercise their own judgment in all 
things pertaining to the erection of said Court House. 
And it is ordered that the sum of $200 be levied, at the 
present term, and placed under the control of the said 
Committee for the purpose of making the repairs afore- 
said, to the said Jail. And it is further ordered that the 
sum of $3,500 be levied at the present Term, and placed 
under the control of said Committee for the purpose of 
buying brick, lumber, and timbers for the said new Court 
House." 

The next day, W. L. Jackson came into court, and 
declined to act as a commissioner, and Robert S. Smith 
was, in his stead, appointed on the Building Committee. 

The Justices sitting then were: H. P. Dils, Pres't., 
George Page, James Stephens, Ed. D. Stagg, Jesse Mur- 
dough, E. P. Dye, Lemuel Cooper, Joseph Johnston, W. 
A. M. Reed, Robert Buckner, Beuj. R. Pennybacker, 
Edward Tracewell, Jacob Cork, Mathew Mayhew, Geo. 



56 

W. Henderson, Robert S. Smith, Levi Hopkins and Geo. 
W. Lott. 

At the February Term, 1860, the court adjourned, to 
meet in Hutchinson's Brick Building, at the northwest 
corner of Court and Juliann streets, where the Prager 
building now stands, and there continued its sessions till 
completion of the new structure. The contractor was 
Lysander Dudley, an expert in his line of work. 

The Court, at its October Term, 1860, ordered that, 
"the books and records of the Court be removed to the 
ofltice prepared in the new Court House, and 'that said 
Court House be the place of meeting from and after 7th 
of November next." 

In April 1863 the Court appointed James Cook, William 
Burke and John Hall a committee to report plans and cost 
for iron railing to be placed around the Court House yard. 
It was not deemed best, subsequently, by the Court to 
enclose the area. 

For over one generation, more than a third of a century, 
aye, for nearly four decades, stood and was used for pub- 
lic purposes, this substantial structure. During the period 
rapid advancement was made in population, wealth, social 
and political freedom. Nearly 30,000 persons were added 
to our population, basing the growth within the past ten 
years upon the proportion of increase for preceding thirty; 
the valuation of assessable property increased from $3, 261 , - 
876, and taxes paid thereon to the State, from |20, 760 to 
present values, respectively; and the shackles fell from four 
million slaves, and the. inhabitants west of the Mountains 
'were freed from the slavery of unequal taxation and rep- 
resentation imT)osed by despotic rulers of Tide-water, 
Virginia. 

Within its walls, in calm logic and honest fervor, spoke 
the National patriotism of our citizenship, and originated 
steps for restoration of civil grovernment and the creation 
of the new State of West Virginia. Forth from its legal 
bar emerged during the storm, one who became our safe 
leader in counsel, our State's Executive and Senator in 



the halls of an eventful Congress, Arthur I. Boreman. 
From beneath its protecting roof passed into responsibility 
and renown, two Governors, Wm. E. Stevenson and Jacob 
B. Jackson, whose dust now reposes in the same River 
View Cemetery. 

Prom its walls, but trained within the preceding temple 
of justice, stepped into Presidential commission, one who 
for nearly four decades has honorably filled the seat of 
United States Judge for the District of West Virginia. It 
was the arena of giant debates between Governor William 
Smith, known as "extra Billy," of Virginia, and General 
John Jay Jackson, his peer in argument; of John J. Davis 
and William L. Wilson; of General N. Golf and the author 
of the Wilson Tariff bill:. 

Some of the brightest intellects of the country voiced 
their opinions under its roof. Chief Justice Chase held a 
term of the United States Court there. James G. Blaine, 
from its steps, eloquently addressed the multitude; Ben- 
jamin Butler, in behalf of the Greenback party advocated 
the enunciations of their platform. Governor, now Pres- 
dent Wm. McKinley, from its pillared portico, uttered the 
creed that put his political friends in control of the govern- 
ment of our Nation. Therein were cast thirteen votes for 
Abraham Lincoln in 1860, when amid the intense political 
excitement only the bravest dared to stem the tide of Vir- 
ginia opinion. 

Even the substantial and historic edifice failed to ex- 
pand, by repairs and improvements, with the growth of 
our legal and fiscal necessities and the vast stride made in 
population and official demands. By decree, swinging 
under the ax of Time, it passed from sight. 

The County clerk, 19 June 1898 moved records and of- 
fice appurtenances to the basement of the Citizens National 
Bank building, on 4th and Market streets. The Circuit 
clerk and Commissioners rooms, sheriff's apartments and 
States attorney having location in second and third stories. 

The first blow that was the beginning of the end of the 



58 

old court house was struck at an early hour Friday morn- 
ing, July 7, by Hubert Dickel's gang of roofers. 

Thirty-nine years ago from that day, the building was 
under course of construction. Thirteen years ago, the 
lightning laid a heavy hand on the old temple. 

The stones that formed the base for the old Grecian 
columns in front were the largest that had ever been used 
in Parkersburg at the time, and were hauled by Hugo 
Heydenreich, then a teamster under the supervision of 
the elder Lysander Dudly, now on the other side of the 
Great Divide. 

Among the most intensely interesting trials ever held 
in the old court room, were the Schaefer and the Boice- 
Grogan and Gibbony murders. The former was executed 
in the field adjoining the old Dils graveyard on the North 
Western Pike. The old oak tree from which he was hung 
still stands. Boice, Gibbony and Grogan were executed 
on Fort Boreman. 

At the latter, multitudes from every adjoining county, 
travelled day and night, to be in time to witness the most 
noted hanging which ever took place in Wood county. 
Pieces of- the rope used in the execution are still kept by 
many citizens as keepsakes of the occasion. 

The last case to be tried in the old criminal court room 
was that of a saloon keeper charged with selling liquor to 
minors. The jury which rendered a verdict of "not 
guilty, " was composed of C. A. Alexander, Jno. W. Kin- 
nard, P. C. Barrett, Jr., M. W. Farrell, M. Clark, H. O. 
Nicholas, J. A. Montgomei-y. J. B. Jackson, M. Atkinson, 
I. Henthorne, W. S. Reynolds, and James Parnsworth. 

The plans of the new structure for County uses, and 
which will begin the second century of its existence call 
for a building, 88x99 feet. It is to be of stone and in the 
Romanesque style of architecture, which insures a building 
of beauty and substantial appearance. It will be of abso- 
lute fire-proof construction, nothing but iron and steel go- 
ing into the frame work, while the floors \\'ill be of terra 
cotta. 



59 

• In the rooms where there is to be much walking or 
standing the terra cotta will have board floor laid over it. 
The corridors and some of the public rooms will have the 
tile floors of a handsome design. The building will have 
equal entrances on Third and Market streets to the first 
floor, and will have east and west entrances. 

Through the building, from the main entrances, will be 
a seventeen foot corridor. In the center of the building 
there is to be a rotunda 30x48 feet, to the full height of 
the building, and out of this the stairw^ay will rise from 
each side to the second floor. The stairs will be of orna- 
mental iron. 

The building will have three stories and a basement un- 
der all. In the southwest corner of the basement will "be 
an assembly room for public meetings, 31^x51^, feet in 
size. It will have a twelve foot ceiling and will be six 
feet above ground, so that it will be of great worth and 
convenience. 

The heating and ventilating plants, will also be located 
in the basement. 

On the first floor the county and circuit clerk's offices 
will be located, in the same relative positions that they 
were in the old building. Each will have a public room, 
work room and private office, besides vaults 17^x32 feet 
in size. 

The vaults will be equipped conveniently for those 
working among the records. 

The county commissioners will have apartments 
located relatively where the sheriff's office was in the old 
building. They will have a public and private room, a 
work room and connection to the county clerk's vault. 

The sheriff's offices, which are of the same size and 
plan as the commissioners, will be in the northwest 
corner. Just inside the building, at the Market street 
entrances, there will be toilet rooms for ladies and gentle- 
men. 

The two clerks' offices will be equipped with i:)rivate 



60 

toilet rooms. All the first floor rooms are to have four* 
teen-foot ceilings. 

On the second floor the criminal and circuit court rooms 
will be located, the criminal on the Third street side and 
the circuit on the Market street side. The criminal court 
room will be 33^x47^ feet and the circuit court 29x54 feet. 

On the east side of the criminal court room the prose- 
cuting attorney will have a public and private office, and 
in the rear of it will be a men's witness room and law 
library. On the west side of the building will be public 
and private rooms for judges of the courts, and a 
ladies' witness room. On the third floor will be the jury 
rooms, with private connections to the co.urt rooms. 
There will be five large offices on the third floor. 

The criminal court room will be lighted from a big sky- 
light, as will also the rotunda in the center of the building. 

Over the Third street entrance to the building will rise 
a graceful tower, which will stand 150 feet from the pave- 
ment. At the four corners of the building there will be large 
turrets over the east and west entrances. Over the Mar- 
ket street entrance there will be a larger and more elab- 
orate turret. 

CLERKS OFFICES, JAILS AND PUNISHMENTS. 

While the court of the county of Wood, through long 
years, seems from the records, to have no abiding place, 
but was peripatetic, yet there were law violators sen- 
tenced and a prison was at once necessary. 

The Justice's minutes of April 15, 1800, shows: 

"On motion of Jno. G. Henderson that a jail should be 
erected agreeably to the order of the court appointing a 
place for erecting public buildings, and that it be sold to 
the lowest bidder at next court, the sheriff to be reim- 
bursed at the expense of the court, when the levy can be 
collected by law." 

The session of May 12, 1803, has record, that the sheriff 
came into court, and upon an order to commit to his cos- 




THE FIFTH COURT HOUSE. 

1800. 



63 

tody some criminal, "protested that the jail"— which must 
have been one only on paper — "was insufficient." 

Whereupon it was ordered that "a jail be built of square 
hewed logs, 16x29 feet, 9 feet between floors, and that the 
floors be made of like hewed timber, with a sufficient door 
and window, and a good shingle roof, the logs to be at 
least 10 inches square, to be dowelled well, and to be 
finished on or before the second Monday in August next, 
and to be sold this evening by the sheriff to the lowest 
bidder." 

The contract was so auctioned off, and sold to Andrew 
Vanvlare, for $279, and it was confirmed by the Court. 

April 6, 1801, John Stephenson, Jesse Bartlett and John 
Bagdley were commissioned to view the jail and report 
whether it had been built agreeably to contract. It was 
favorably reported upon, and July 6, 1801, accepted and 
put into use. 

This was probably one of the cabins at Neal's Station, 
near where the Court held its earliest session. 

For Feb. 1, 1802, the minutes read: 

Ordered that a jail stocks and pillory be built at the 
point of the Kenawha on the ground laid off for that pur- 
pose, and that Joseph Cook, John Stephenson and 
Thomas Lord, Esq., be appointed commissioners to sup- 
erintead the business and carry the same into effect, and 
that the same be finished by June Court next. And that 
the jail do not exceed thirty feet in length, and twenty 
feet in breadth, and not less than twenty-five feet in 
length, and eighteen feet in breadth. And to be nine feet 
from the lower floor to the upper floor, with convenient 
doors and windows, with a partition through the same. 

In May, 1802, an allowance was made by the "Gentle- 
men Justices" for building this jail, $327. 

There is no doubt that the first permanent court house 
was just below Rifle Kun, on Stokely property, in 
"Springville" or Newport, and was a two story log house. 
The second story was to be used for the sessions of the 
court, and was approached by a flight of stairs. It was 



64 

too small to be comfortable, hence the justices adjourned 
first to one tavern, or ordinary, and then to another for 
several years. The first story was constructed for and 
used as a jail till the new one was built in 1815 of stone, 
on the public square. 

In the minutes of 7th of September, of that year, the 
entry reads: 

"Ordered, That Thos. Pribble, Andrew Davisson, John 
Stokely and Jacob Deem be appointed to examine the jail 
of this county and report to this court, whether the same 
is built agreeable to the order of this court, at February 
court last, for building the same," who made their report 
as follows, to- wit: 

"We the subscribers, having been first sworn, have 
viewed said jail, find the same insufficient, both in the body 
and roof, and are further of the opinion that the said work 
is not done by the undertaker according to the contract 
between him and the commissioners who were appointed 
by an order of said February court to superintend the 
same. 

"Witness our hands this 7th day of September, 1802. 

Thomas Pribble, 
Andrew Davisson, 
Joha Stokeley, 
Jacob Deem." 

It is stated that, subsequently to 1801, a hewed log jail, 
25x18 feet, with nine foot story, and divided into two 
rooms, was erected on the two acres located on the alley 
and Kenawha street, west of the court cabin. 

The county jail was constructed of square logs, notched 
down and laid close together. In it were two cells occupy- 
ing half the building, and separated from the other half 
and from each other by square log walls and covered and 
floored with the same material. The walls, floors and 
ceiling of both were lined with two-inch oak planks, 
spiked firmly to the logs. One of these cells was for debt- 
ors, the other for criminals. The latter was badly venti- 
lated, having neither light nor air, except what was ad- 



65 

mitted through a very small window and the grating of the 
iron door, which opened into a narrow hall, separating 
the cells from the jailor's apartment. This consisted of 
two small rooms — one of which was kitchen, dining and 
sitting room for the jailor and his family, the other their 
sleeping room. 

The salary of the jailor, in 1806, was |10. In August of 
that year Geo. D. Avery, after whom one of Parkers- 
burg's streets was named, was allowed "further time, to 
the October Court next, to furnish another lock for the 
jail," and in September it was ordered that "the guard who 
stood over Peter Misner, a prisoner in the jail, be allowed 
one dollar and a half for a day and night, and after de- 
ducting what the State allows, the balance to be paid by 
the county out of the next levy. " 

The Jailor was then, as now, one of the Sheriff's depu- 
ties and appointees, and as soon as the county owned its 
prison building, he resided therein. Among those serv- 
ing thus in early days are: Adam Ruble, 1800; William 
Enoch, 1807; Joel Wolfe, 1815; James Foley, 1818; Nim- 
rod Saunders, 1819; David Thomas, 1822; Allen Davis, 
1823, who hung "Old Jack;" James Minear, 1825; Adam 
Ruble, 1827 to 1831; William Pool, 1842. 

In the allowances of the Justices, 3 June 1811, John 
Dils, auctioneer, was granted "one dollar for crying bids 
on Jail and clerk's office," and Thomas Neale, contractor, 
was allowed one half of his $784 on Jail construction and 
one half of $267, 99 for clerk's office erection. 

The commissioners of Clerk's office construction, in 
their final report, suggest an additional window; the court 
approves and orders the document'to be filed. 

James G. Laidley, George D. Avery, Isaac Morris and 
Joseph H. Samuels, commissioners, in June 1812 reported 
that "Thomas Neale had fulfilled his contract for the con- 
struction of the Clerks Offices, and moved that they be 
received." 

And 4 Aug. following, the same commissioners reported 
that they had examined the Jail built on the Public Square 



66 

by Thomas Neale, and "are of opinion that it should be 
received also." The Court therefore ordered "that the 
same be used and considered the Public Jail of the County, 
and that the Sheriff use the same accordingly." To this 
sheriff Wolfe files an exception, protests against the suf- 
ficiency of the new Jail, and prays that the same be en- 
tered accordingly." 

A plat and description of the boundaries of the Prison 
Rules as laid down around the new Jail was ordered to be 
recorded. 

Nearly every year of the first and second decades the 
sheriff "protested against the safety and sufficiency of 
the jail. On the 4th Aug. 1817 sheriff John G. Hender- 
son is quite emphatic in relation thereto. 

On the 22 June 1841 Jno. G. Stringer, Jno. Stepjienso'nj 
William Tefft, David Hopkins and Jno. M. Prince were 
appointed Commissioners to report the condition, of the 
Jail. On that report the Justices decide a new one nec- 
essary, and authorized this committee to report plans, 
cost and site. 

Tuesday 20 July 1841 the entry reads: 

"Four of the Commissioners appointed at last term of 
the Court to recommend a site and submit plans" for a new 
jail this day presented their report, which is approved by 
the Court, and thereupon it is ordered that Jno. G. Stringer, 
Wm. Tefft, and Bennett Cook be appointed a Committee to 
prepare a plan and minute specification of the work upon 
the plan indicated in said report, and also to advertise for 
and receive sealed proposals for the work, until the first 
day of August Term next, after which time they are au- 
thorized to contract with such of the bidders as they may 
judge best, without reference to the bids. The work to 
be comjDleted in one year from the date of contract, and 
bond with approved security to be given by the Contrac- 
tor or contractors for the faithful completion of the work 
within the said period, with penalty of $5,000. The said 
Commissioners are also appointed to superintend thework 
during its progress. One thousand dollars on account of 



m 

O 
o 

H 
-< 

"0 

CO 

O 




69 

the contract to be paid by the Sheriff to the Contractor, 
on the order of the Commissioners, on the 1st day of No- 
vember next and the residue in two equal annual pay- 
ments from that period. " 

George Thorp became the contractor, and in the levy 
for 1843 June Term was allowed to him as second pay- 
ment $1725, and June next year 1175.60 for stone work 
beyond contract price. This would make the contract 
price $3450, and by adding allowance for extra stone 
work, a total cost of $3,822.60. 

The order of the Court 11 July 1767, was: "Inasmuch 
as this Board is satisfied that the present Jail of this 
county is wholly insufficient for the safe keeking of pris- 
oners, it is therefore ordered, $10,000 be levied this year 
for the purpose of building a new jail on the same site of 
the present one, and that L. Dudley, F. C. Boggs, W. H. 
Mattingly, and Geo. K. Leonard be commissioners to con- 
tract for and superintent said work." 

PRISON BOUNDS— WHIPPING POST. 

Strangely enough, in those primitive days, legislatures 
and courts believed that prisoners should sometimes have 
fresh air of an open court yard, and liipaits to promenade 
within a 10 acre area, whose boundaries were often not 
even a "bull-strong, horse high, or pig-tight" fence. 

So, under requirements of State law, the Court ordered: 

"That the prison rules of this county be laid off as fol- 
lows: to include the Public Grounds, and to extend with 
the North or Northeast line thereof to the Ohio river 
bank, and so extend with said bank and the course thereof 
across little Kenawha river, and eight rods from Kenawha 
in the same direction, these to extend up Kenawha, south 
45, east until a crossing line will include 10 acres of land 
to be laid off and marked." 

"That prison bounds be altered and limited to the 
upx^er side of the mouth of the Little Kenawha river, to 
be bounded by the Ohio water in its common channel, at 
the north end by the little K. river, on south or west side 



70 

still in its common channel, to extend up little K. river 60 
poles, and back from L. K. river an equal distance from 
its mouth, and from the 60 pole station, so as to include 
10 acres to be laid otf by the Surveyor, and that he erect 
sufftcient bounds." 

In 1807 the prison rules were three" acres on the south 
side of Little Kenawha river to include tan-yard and 
dwelling of Caleb Bailey. 

In Feb. 1810 rules were cha.nged to "begin opposite the 
house of Lovett Bishop, then to extend across Little 
Kenawha river 6 rods wide, also to lay off 3 acres adjoin- 
ing thereto, so as to include the tan yard and dwelling of 
Caleb Bailey, the remainder of the 10 acres, as prescribed 
by law, be laid off on the upper side of the Little Kena- 
wha river." 

The Prison Bounds established Aug. 7, 1817, were: 

"Beginning at junction of Julian and Harriet streets — 
now southeast corner of Fourth — including Harriet street, 
to the junction of the same with Avery; thence including 
said street to its junction with Neal — now Second — thence 
with said Neal to the junction of same with Juliann street 
and to the beginning, including said street." 

In 1818 the Prison Rules were extended to include the 
house occupied by James Henderson. The bounds were 
extended Sept. 5, 1820, from the corner of Dr. Riggs' lot 
with the street to Ann, and on the south side of said street 
to Littleton; thence with the line thereof, 40 feet unto 
Our Lot No. 4, and by a line parallel with said street 
through said lot to the West line thereof; thence to Martin 
Bailey's corner; thence with the First street with the 
bounds heretofore laid off." 

Debtors, while being under sheriff's surveillance when 
unable to pay, were nevertheless to some extent privileged 
prisoners. For their convenience, and it must be said by 
individual partiality, the prison bounds, as the records 
show, were often modified and extended constructively to 
include, if prominent pioneers, their dwellings, even miles 
away to the utmost limits of the then broad county. In 



n 

one case an Ohio river farm, twenty miles from the prison 
was included, so as to permit the debtor to conduct his 
extenstve acreage and live comfortaby and unguarded 
with his family. 

The following incident is related by an old pioneer of 
the county, aged 90 years, who now resides in Ohio:* 

When the first court room was the upper story of a 
cabin, and the prison the lower one, the building facing 
the current of the Kenawha, one of the subordinate offi- 
cials of the county, whose name began with W., had- been 
put in confinement for some trivial offense and upon doubt- 
ful evidence. He was a jolly bachelor, inclined to fre- 
quent sprees, a great favorite and not watched very closely 
in his quarters. Having grown tired of resti-aint, a few 
days after incarceration he observed to a friend who was 
permitted to look in upon him, that 'if he was furnished a 
saw he would break camp. ' 

The next day by the intrigue of another visitor to whom 
the wish had been communicated, the saw — a short one 
and exceedingly dull — was received and hidden away, 
save in deep midnight hour, when, as no one of the depu- 
ties slept about the court-cabin, it could be readily used. 
The saw-teeth from constant use having lost their edge 
needed a resetting, and the prisoner at the beginning 
found it hard labor. But the donor had anticipated this 
and to lighten the efforts held a cake of mutton tallow on 
the outside to grease the blade as it was pushed to and fro. 
The work at once became so easy that the surprised W. 
exclaimed in a suppressed voice, "Who in Tarnation Hali- 
fax is greasing my saw?" Ere long his release through 
the opening made enabled him to know the cause and 
thank his benefactor. 

June 6, 1803, James G. Laidley was appointed by the 
Justices to contract for the erection of stock, pillory and 
whipping post on or near east corner of the public 
grounds, to be completed before the August court. 

At the September term Andrew Davisson was allowed 
$24 for the erection of these means of punishment. 

* Tliouias Leach. 



72 
RELICT OF ENGLISH LAWS. 

In 1661 the Virginia Colony decreed, "that in every 
county there should be erected a pillory, a pair of stocks 
and a whipping post, neere the court house, and a duck- 
ing stool, in such place as they shall think convenient, 
that such offenders as by the laws are to suffer by any of 
them, may be punished according to their demerits. 
Courts not so erecting within six months after date of the 
act, shall be fined 5000 pounds of Tobacco." 

With more leniency perhaps, one and a half centuries 
after this British decr.ee, these articles existed. 

Near the jail, generally in public view and uncovered 
from storm or chill, were erected the inventions used for 
the punishment of those who were convicted of certain 
misdemeanors and petty infractions of law or custom. 
As in this enlightened age we lookback upon these meth- 
ods which seem to be cruel, it is a matter of gratulation 
that no court decree inflicts these penalties upon even the 
guilty. As no citizen of this generation has had oppor- 
tunity to see either whipping post or pillory and stocks, a 
description as given by a pioneer writer of 1803, will be of 
interest: 

"A section of the trunk of an oak tree hewed and 
dressed oif octagonally, some sixteen inches in diameter, 
was set perpendicularly and firmly in the ground, and 
standing fifteen feet or more above the surface. This was 
the whipping post. Around it was erected a platform of 
boards, laid upon timbers, elevated twelve inches from 
the ground, and being ten feet square, leaving the whip- 
ping post in the center. Just above the platform a ver- 
tical slit, of two and a half inches wide and twenty inches 
high was mortised through the center of the post. 
Through this slit were passed two |oak boards ten feet 
long, eight inches wide and two inches thick; the edge of 
the upper one resting on the edge of the lower, both 
joined to fit close together, and the lower board being 
made fast. Through these boards, at the joint, were cut 



73 

or bored four holes, about the diameter of three inches, 
one-half of each bein^ cut in the lower board, and the 
other half in the upper — two on each side of the post, and 
about fifteen inches apart. These boards were the stocks. 
About eight feet above this platform was erected another 
of like dimensions, laid upon timbers mortised through 
the post. At the distance of some three feet above this 
latter platform, another slit was fitted with two boards 
exactly corresponding with those above described. 
Through these boards, at the joint, were cut three holes 
on each side of the post, The central hole of each set of 
the three was large enough to receive the neck of a man, 
and the other two twelve inches from this, were of a 
diameter corresponding with a man's wrists. The j)lat- 
form and pair of boards constituted the pillory. 

"When a prisoner was sentenced to receive thirty-nine 
lashes, more or less on his bare back, he was forthwith 
brought to the whipping post, his body stripped to the 
waist, his arms drawn closely around the post and bound 
firmly together at the wrists, to prevent his moving. In 
this humiliating position the culprit received, on his 
naked back, at the hands of the sheriff or some other 
officer of the law, the prescribed number of stripes ' well 
laid on, ' with a heavy cow-hide, every lash parting the 
skin, while the blood trickled down his lacerated back. 

"In the punishment of the stocks the evil-doer who was 
sentenced to this mode of expiation was seated upon the 
lower platform at the whipping post, the upper of the 
two oak boards, before described raised up, the prisoner's 
feet passed between the boards, with his legs, just above 
the ankles, placed in two adjacent holes, while the upper 
board is placed down upon the legs and keyed fast with 
a wedge driven into the slit over it. In this position the 
prisoner sits the length of time specified in his sentence. 

"When a transgressor of the law was condemned to 
stand in the pillory he was made to ascend by a ladder to 
the upper platform, when the upper board was raised so 
as to admit his head through one of the larger central 



holes, and his hands through the smaller ones on each side 
of it. On being thus placed, the upper board was let 
down upon his neck and wrists, and keyed fast by a 
wedge. In this unpleasant fix he was not unfrequently 
greeted by those below with rotten eggs and other mis- 
siles thrown in his face." 

In explanation of the often severe punishments inflicted 
on the settlers convicted of minor offenses, which seem to 
us in this advanced age even cruel, it is necessary to keep 
in mind that the laws thus enforced were of English origin, 
in use under the Crown, and that it took more than a half 
century after our independence as a Colony to release our 
statutes from this imposition and encumbrance. The hu- 
manity and kind nature of our freemen gradually modi- 
fied and softened the rigor of such enactments, which now 
seem in direct contrast with the known tenderness of 
heart which our ancestral pioneers possessed. 

The minutes of the Gentlemen Justices, signed by pre- 
siding member, Robert Edelen, read: 

''At a Court of Oyer and Terminer, held 14 Aug. 1799, 
to try Harvey a negro slave, the property of Thomazon 
E. Turner, charged with feloniously stealing, taking and 
carrying away nineteen yards of linen cloth and one bed 
quilt, the property of Jonathan Prentiss, of the value of 
ten dollars, the case was fully heard, the prisoner de- 
fended by Counsel, and upon consideration. It is the opin- 
ion of the Court that the prisoner is guilty, in the manner 
and form as in the indictment charged, and that he be 
therefor burnt in the hand and have ten lashes on his bare 
back, which was accordingly done." 

In 1803 the order of the "gentle" Justices was "that 
Richard Lee be put by the High Sheriif two hours into the 
public Pillory at the Court House, and also that his ears 
be nailed thereto, and at expiration of two hours his ears 
be cut loose from the nails. Prom this cruel order he ap- 
pealed to a higher court of the District of Monongalia. 
The explanatory tradition connected with this is, that the 
party did not belong to the estimable family of that name 



75 

of valued hunters and rangers who so nobly defended the 
settlements near, but was a predatory tramp, who was so 
threatened and suffered to run away while the appeal was 
pending. 

June 7 1809 "Bill," a negro man of Thomas Neale'swas 
charged with burglary. , He was convicted of larceny, 
and the order was "that he be burnt in a hand, and re- 
ceive 39 lashes well-laid on his bare back at the public 
whipping post.'' 

Whether constant use, or severe winters, or the pioneer 
whittlers who hovered near and traded horses and hounds, 
wore away these implements of punishment, does not ap- 
pear. But 3 June 1817 James J. Laidley was made su- 
perintendant to contract for building public stocks and 
pillory of the county on the public square. 

The last post used for this infliction upon law violators 
was one of the brick pillars of the old market house, 
which was located just behind the first brick court house, 
and about where the rear walls of the new building will 
rest. 

The court minutes 2 Dec. 1816 state that Henry Clark 
was an absconding debtor. The law then and till long 
years after allowed the creditor to force his debtor into 
prison from which he could obtain release only through 
the clemency of the party to whom'^he was under obliga- 
tions, or by delivering a schedule under oath of his prop- 
erty showing his inability to ever pay. This was called 
"swearing out of jail," and was considered a disgrace in 
the community. A special room, called the "Debtor," 
was provided for such prisoners, and they fared better 
than others. It is related of one of the ' 'Gentleman Jus- 
tices" before whom on one occasion an unfortunate and 
indolent pioneer was brought to take the release oath, 
that in administering the same, he said, "Do you solemnly 
swear that you are not at this moment worth a single dol- 
lar by which to pay your just debts, and especially the 

debt of your friend B-chn-r?" "Not a red cent, but " 

"There go, I'll, without any hesitation, swear to the rest, 



76 

that you never will be worth a penny or a fip-ne-bit so 
long as you stay .on God's green earth, and the sooner 
you go the better for your friends. Never mind the two 
bits for cussing you." 

JUDICIAL HISTORY. 

The courts, in 1774-5, for Augusta county, Virginia, 
were held alternately at Staunton and. at Fort Pitt, then 
considered as belonging to the Old Dominion, and as such 
in the indefinable county of Augusta. 

The territory of Wood in 1784, was included in Harrison 
County, and for judicial purposes that county with Monon- 
galia, Ohio and Randolph, constituted the Tenth District, 
the Superior Court of which held its earliest session at the 
Court House in Morgans-Town, Monday, May 4, 1789. 

To each of the two sessions, or terms as they were 
called, in May and September each year, two Judges were 
allotted. The order book of the District Court from 1789 
to 1808, shows the following Judges to have sat upon the 
bench; 

1. Joseph Prentiss, 6. Joseph Jones, 

2. Cuthbert Bullett, 7. Spencer Roane, 

3. James Mercer, 8. Henry Tazwell, 

4. Richard Parker, 9. William Nelson, 

5. St. George Tucker, 10. James Henry. 

11. John Tyler, 15. Archibald Stuart, 

12. Paul Carrington, 16. Robert White, Jr., 
18. Robert White, 17. WiUiam Nelson, Jr., 
14. Edmund Winston, 18. Francis T. Brooke, 

19. Hugh Holmes. 

In forming the county in 1799, the Act placed Wood 
county in the same Judicial district with Monongalia and 
Harrison, parent counties. 

By Act of 23 January, 1802, the State was divided into 
three judicial districts for the holding of Superior Courts 
of Chancery. Wood county was in the First, and the 
court convened in Staunton on the 1st of July and the 
15th of November in each year. The remote distance 



from the Ohio river counties prevented, along with other 
causes, many appeals being made to this court. 

By an act, 1 Feb., 1808, there were in the State 12 Ju- 
dicial circuits of the General Court and Superior Court of 
Law and Chancery, with two terms each year. The sher- 
iff and clerk of each county were to be also like officers for 
the Superior Courts. Commonwealth Attorneys were to 
receive five dollars per day for actual services, not to ex- 
ceed fifty dollars per year, the Judge to certify to its 
necessity and strict performance, and the Court was to 
take the place of the District Court of Law. 

With Harrison, Monongalia and others, from the year 
1809, Wood was in the Eleventh Circuit, presided over by 
Hugh Nelson, and then in 1812 by Daniel Smith. The 
latter wearer of ermine, has been described as a man of 
attractive appearance, six foot in height, face full and 
round, hair black, and graced with an open, pleasant 
countenance. 

From 24 February, 1819, with Harrison, Lewis, Mason, 
Cabell and Kenawha, , Wood constituted the Fifteenth 
Judicial Circuit, the courts convening upon the first Mon- 
day in April and September at Parkersburg. Judge 
Lewis Summers, distinguished for his ability, integrity, 
and legal acumen, presided. 

In 1823 the district embraced with Wood, also Lewis 
and Randolph counties. 

Under the revised Constitution of 1830, Lewis Summers 
was elected, by joint ballot of the Legislature, Judge of 
the Nineteenth Circuit, Tenth District of the Superior 
Court, which embraced Wood county with several others. 
The district was composed: 

Nineteenth Circuit. — Wood, Mason, Jackson, Cabell, 
Logan and Kenawha. 

20th Circuit — Preston, Monongalia, Tyler, Brooke and 

Ohio. 

The Judges were to serve during good behavior. For 



the next six years, decisions in Wood county were: 
66 suits in 1831 189 suits in 1834 
73 " " 1832 163 " " 1835 
132 " " 1833 72 " " 1836 

In the six years, 695 cases, or an average of less than 
116 each year. Leisure and oratory of the Bar might be 
alleged as the cause of such tardiness. 

Judge Summers having died, 27 Aug. 1843, David Mc- 
Comas, able, eccentric, diligent and devoted to his pro- 
fession, succeeded him in 1841. For the year 1846, in the 
entire circuit were reported: 783 suits at law commenced; 
821 pending; 695 decided; 7 removed to other courts; 123 
Chancery suits commenced; 419 pending; 99 Interlocutory 
decrees; 86 final decrees; 195 prosecutions pending; 77 de- 
cided; 86 days in Fall session; 70 in Spring; 6 intermedi- 
ate; and the Judge had traveled to general court — mainly 
on horse back — 640 miles, in the circuit 412, equalling a 
total of 1052 miles. 

In 1847 Wood, Ritchie and Gilmer composed the circuit, 
and the Judge was Mathew Edmiston. 

By the constitution of 1850-1, the Ninth district.covered 
the 18th and 19th circuits, and for it one term was to be 
held at Parkersburg each year in December. The Judges 
were elective and for an eight year term of service. In- 
stead of the Circuit and Superior Court of Law and Chan- 
cery, it was designated the ' 'Circuit Court, '' and under 
this title has continued. In the Nineteenth circu-it, having 
court sessions on the first Monday in April and Septem- 
ber, were, along with Wood, the counties of Wayne, Cab- 
ell, Mason, Jackson, Putnam and Kenawha. 

At the election in 1860 prior to the opening of the civil 
war, William L. Jackson had been chosen Judge of the 
Circuit Court for this district. He was a man of tine per- 
sonel, great dignity of manner, and popular among many 
friends. He abandoned the circuit to take military posi- 
tion in the Confederate service. He was once Lieutenant 
Governor of the undivided Virginia; became General in 
the southern army, and was known as "Mud- wall" in contra- 



79 

distinction to "Stonewall" his relative, also once resident 
in Wood county. 

Under the constitution of the new State of West Vir- 
ginia, Wood, Wirt, Calhoun, Roane, Jackson, and Clay 
constituted the Sixth Judicial circuit. George Loomis 
was first elected Judge for the term ending 31 Dec. 1865, 
and was re-elected, serving to 31 Dec. 1868. Then the 
district was changed to the Ninth Circuit, and was con- 
stituted by the counties of Wood, Wirt and Pleasants, and 
Loomis was elected to serve six years, but by the new 
constitution of 1872, the offices were vacated with the end 
of that year, and Wood passed into the Fifth Circuit, along 
with Tyler, Pleasants, Ritchie, Wirt and Calhoun. 

James Monroe Jackson was elected to serve eight years. 
The vote was a close one, and contest was made by his 
opponent. Judge Loomis. The Governor appointed a 
Special Court in the case, Benj. H. Smith, Robert S. 
Brown and Samuel Woods, who on an examination of the 
evidence presented, dismissed the petition of Loomis. 

From January 1, 1881, to the present, Wirt, Wood and 
Pleasants have formed the Fifth Circuit. James M. Jack- 
son was re-elected for the eight-year term, but 15th Aug., 
1888, he resigned, to enter the race for Congress, and 
John G. McCluer was, by the Governor, appointed to the 
vacancy, serving until 1st January, 1889. 

For the term of eight years, beginning 1st January, 1889, 
Arthur I. Boreman, who had served as Governor and as 
U. S. Senator, was elected Judge. The report of the 
Clerk for the year ending 30 September, 1891, shows: 
Number of suits commenced, 252 
" pending, - 250 
" decided, - - 180 
Days of session, . - . . 133 
Average hours daily, - - - 8 
For the year ending 30th September, 1892: 
Suits commenced, - - - 134 

" pending, 499 

" decided, 142 

Days of session, - . . . 148 
Average hours daily - - 8 



80 

Judge Boreman died 19th April, 1896, and the Governor 
appointed Lewis N. Tavenner to the vacancy, and at the 
Pall election in 1896 he was elected by the people to serve 
for the term of six years from 1st of January, 1897. 

The increase of population and commercial needs, 
caused the legislature to provide for a division of judicial 
labor, and a separate tribunal was created for Wood county 
to be called the Criminal court, confining jurisdiction to 
criminal cases, and to the limits of the county. To, this court 
James Monroe Jackson was ai:)pointed. The first session 
of the court opened in June, 1891. 

In Nov. , 1898, he was re-elected to serve till January, 
1907, receiving 3,460 votes against 3,065 for Samuel L. 
Stapleton, Republican nominee. 

SUPERIOR AND CIRCUIT COURT JUDGES. 

HughNelson - - From 1800 to 2 April 1811; 

Daniel Smith - - " 1811 to 2 April 1819; 

Lewis Summers - - " 1819 to 8 July 1843; 

Davis McComas - - " 1843 to 10 Sept. 1852; 

Mathew Edmiston - - " 1852 to 8 June 1860 

Wm. L. Jackson - - " 1860 to 5 Nov. 1861;* 

Arthur I. Boreman - - " 1861 to 13 Mar. 1863: 

George Loomis - - '« 1863 to Oct. 1872; 

James Monroe Jackson - " 1873tol5 Aug. 1888;t 

John G. McCluer - - " 1888 to 1 Jan. 1889; 

Arthur I. Boreman - - " 1889 to 19 April 1896; 

Lewis N. Tavenner - - " 1896 to Jan. 1903. 

CLERKS OF THE SUPERIOR AND CIRCUIT COURTS. 

Till the new Constitution of 1850-1, the clerks were 
appointed by the Judge thereof. 

James Henry Neal - - - 1800 to March 1850 

tJames John Neal - - 1850 to 1862 From 1 July 

* 'Rlected, hut never lield court in Wood County. Gideon t). Camden, .Tud^e of 
the 21st Circuit, appearing to have signed the court records to the date of Bore- 
mnn's appointment. 

+ Resigned, 

* Commissioned 15 Tune ]8f>3bv Judge Lewis Summers. 19th .Judicial district 
as clerk of Circuit and Superior Courts ot Law and Chancery for Wood County 








JAME^ MONROE JACKSON, 

Judsooftlio Criiniiiiil Couit of Wootl C'ouTity, 1 .luiic ISDl to Dec. M, I'.W-l. 

Uf served iis .Judge of tlu' Fifth Ciicuit, iti wliich Wood County wms. from 1 .Tairy 
1S73 to Sept. 1, 1S8S, when he resigned. 



83 

William Dils - - - 1862 to 20 June 1863 

Wm. Henry Hatcher - - - 1863 to 1 Jan. 1869 

Lawrence Perry Neal - - 1871 to 1879 

Oliver M. Clemens - - 1879 to 1903 

GENTLEMEN JUSTICES. 

A distinguished Virginian Barrister and author, Joseph 
Mayo, titles the county courts "the most useful body of 
agents in the State. " 

Certainly in early days they were wisely selected, and 
their character and dignity and unsalaried services enti- 
tled them, along with an occasional outburst of humor and 
flow of soul, to the gratitude of their generation, and the 
distinction which went into the records, "Justices, Gen- 
tlemen. " 

The term " gentlemen " by the early colonists of Vir- 
ginia, "did not imply any assumption of superiority," 
says a learned writer. ' 'All who were entitled to coat- 
armor, or whose ancestors had been freemen were in- 
cluded in the word. It was applied to those not having 
any title of honor yet were to be distinguished from the 
ignoble or plebean." * 

The office was originally unknown to the common law. 
Till the reign of Edward, the Third, mere conservators of 
the peace were elected by the freeholders, but in the first 
year of his rule he made them subject to appointment by 
the crown, or highest authority, and later conferred upon 
them other powers and increased dignity, and made them 
Justices. 

In early colonial history there were certain persons 
designated to exercise partly the functions of justices. 
At first they were called "masters of the plantations,"' 
next "commissioners of monthly courts," and then "com- 
missioners." As their responsibilities were extended, 
just before the American Revolution, they were named 
Justices of the Peace, and commissioned such by the Gov- 

* liobsou 



84 

ernor of the colonies and commonwealths, and had con- 
trol of their respective counties. 

In 1861, the number in each county was limited to eight, 
four of these constituting a court, the act declaring that 
"the great number of commissioners in each county hath 
rendered the place contemptible, and raised factions 
among themselves rather than preserved the peace of the 
people." 

As a court in control of county affairs and appointed by 
the Executive, they so continued in Virginia until the new 
Constitution of 1850 became operative in 1852, when their 
selection was restored to the people. Thence their term 
of service was four years, commissioned by the Governor, 
and four were selected from each of the five magisterial 
divisions. The others were to be classified so as to have at 
least three in conjunction with the President, and not 
over five at each court sitting, making a full bench at 
Quarterly and special terms, of twenty. They chose one 
of their number to preside. 

In 1863, under the new jurisdiction of West Virginia, 
the Court of Justices was abolished, the entire system 
changed, responsibilities and duties divided, and a Board 
of County Supervisors substituted, consisting of one from 
each Township, elected annually, making ten for Wood 
County. The Board were to^have control of fiscal, and the 
individual Justices elected for their several Townships 
were therein to administer judicial affairs. From the 
Supervisors, one was annually made President, and a clerk 
appointed. This board existed from 10th Dec, 1863 to 
25th Dec, 1872, when, by the amended Constitution, it 
was superseded, and the old county court virtually re-es- 
tablished, and two from each district elected. The Presi- 
dent was chosen by the people of the entire county. 

In 1880, a Constitutional amendment again substituted 
a board of commissioners, only three in number, for the 
Justices Court. In the interim, justices were elected in 
and for each magisterial district for judicial purposes, 
reserving to the county officials control of fiscal affairs. 




OLIVER M. CLEMENS, 

Clurk of Circuit Court for Wood County. IsTli to 1903. 



Under Monongalia the Justices Courts convened at the 
seat in Morgans-Town, and the journey from Ohio river 
borders w^s quite a lengthy one on horseback. The act 
of May 1783 enabled the Justices of Monongalia County 
to sit elsewhere than the old cabin location, and "the 
court house having fallen into Pennsylvania by extension 
of Mason and Dixon's line, is to be holden at the house 
of Zackwell Morgan. 

Clarksburg, under Harrison period, was the Court 
place, and thither till 1800, were our suitors and witnesses 
and attorneys compelled to ride over 80 miles, some of 
them, to meet the Justices. Who those were, if any, from 
the river frontier during these six years, does not appear 
on the minutes of either county. The presumption is they 
were the two Lords, Hitchcock and Spencer. 



1800 to 1852.— JUSTICES ROLL. 

The minutes of the Justices Court do not uniformly in- 
dicate the recommendations made for new members needed 
by removal, death or other causes, and where the names 
of those recommended occur, two and three at a time, it is 
not readily and surely ascertained which one the Governor 
designated should receive the honor of a commission. 

The Act of 10 Jan. 1800 authorized the Governor to ap- 
point four additional Justices, who in connection with 
those of previous commissions, a majority being present, 
shall on the second Monday of February next, meet at the 
house of Hugh Phelps, and constitute a court, and be in- 
vested with all the powers of Justices of Wood County. 

The following, however, appear to be acting at the pre- 
liminary organization attempted in 1799, and subsequently 
till the Constitution of 1850 made them elective by popu- 
lar vote. 



NAME. 


Date of Com. 
or QualifM. 


RESIGNATION, ETC. 


Caleb Hitchcock, 

Hugh Phelps, 


13 Aug. 
10 Mar. 

10 Mar. 

u u 
u u 
(( a 
(( u 
u u 

U il 

10 Mar. 

5 Nov. 

11 Jan. 

5 July 

12 May 

13 May 
1 June 


1799. 
1800. 

1800. 

1800. 
1811. 
1839. 

1808. 

1800. 

1800. 

1801. 


Resigned 7 July 1806, not ac- 


Jacob Bennett, 

Thomas Pribble, 

John G. Henderson, . . . 
Abner Lord 


cepted. 
Died Dec. 1799. 
Resigned Nov. 1806. 
Re-comm'd Aug. 1817. 
Resigned 5 May, 1802. 
Resigned 7 Oct. 1816. 


Joseph Spencer, 

Thomas Lord, 


Ichabod C. Griffin, 

Hezekiah Bukey, 

William Hannaman, . . . 
John Steplienson, 

Daniel Kincheloe, 

Jacob Beeson, 

Jesse Lowther, 

Joseph Cook, 


Resigned 22 June, 1807. 
Also 8 June, 1820. 
Resigned 7 May, 1804. 
Quahfiedl8Feb., 1839. 

Qualified 7 May, 1804. 
Quahfied 4 Nov. 1806. (?) 
Resigned 4 Oct., 1802. 
Resigned 8 Oct., 1806. 


Reece Woolf 


* 


John Neal, 


Resigned 16 May, 1816. 
Resigned 4 Oct. 1802. 


William Lowther, 

Geo. D. Avery, 



* On the 5th of June, 1809, Phelps, Edelin, Kincheloe and Tavenner, Justices, 
protest to the Governor "that from custom, and usage, Reece Woolf, Senior 
Justice should be recommended for SherilT." 



89 



NAME. 



Robert Wells, 

Jacob Cook, 

Peter Anderson. . . 
Thomas Tavenner 



Alexander Henderson, 

of Alexander, 

Yates S. Conwell, 

G-eorge Creel, Jr 

Thomas Rector, 

Robert Triplett, 

Robert Edelin, ... ... 

Bennett Cook, Sr 

Ezekiel McFarland, . . . 

Richard Neale, 

John Stokeley, 

Thomas Mealey, 

Henry Steed, 

Benj. Mayberry, 

Jno. A. Kinnaird, 



9 Mar. 1801. 
3. Aug. 1803. 

11 Dec. 1806. 
11 Jan. 1839. 
2 Feb. 1807. 



Robert Kincheloe, 

Jonas Beeson, 

Jno. P. Mayberry, 

Jas. L.Mitchell 

Lewis Beckwith, 

David Creel, 

James Henderson, 

Derrick Pennybacker,. . 
Herman Blenherliaset, 

Samuel Jackson, 



Isaac Williams, . 



William Holliday, 
Francis Keene, . . . 
Mathew Cashell, . . 

James Hiett, 

George Reger, . . . . 
Jos. Tomlinson, . . 
John Taylor, 



Jeptha Kincheloe, 

James Foley , 

John Barnett , 

David Blair, 

David Creel, 

Peter Anderson, . . 
G. H. Rogers, 



Date of Com. 
or Qualif 11. 



15 Jan. 1808. 

5 Jan. 1808. 

6 Aug. 1810. 

7 Jan. 1811. 
3 Apr. 1809. 
3 June 1811. 



7 Oct. 
16 Jan. 

2 Mar. 
12 Apr. 

6 July 
5 Sept. 

7 Nov. 

5 June 

6 Nov. 
4 June 



1811. 
1828. 
1812. 
1812. 
1814. 
1814. 
1814. 
1815. 
1815. 
1816. 



4 June 
6 Jan. 



7 Apr. 
9 Nov. 
2 Mar. 
11 Jan. 
2 Mar. 

11 u 



3 " 

U ( ( 



1816. 
1817. 



1817. 
1816. 
1818. 
1839. 
1818. 



1821. 



RESIGNATION, ETC, 



From Kenawha. 

Resigned. 

Qualitied 18 Feb. 1839. 



Qualified 22 Feb. 1808. 
Died 9 Oct. 1845. 



Resigned 6 Aug. 1811. 
Wirt Co. 

? 

Resigned 5 June 1816. 
Re-appointed. 



Named 4 Sept. 1799, but not 
commissioned. 

Appointed 7 May 1811, but not 
allowed to qualify, having 
previously declined to act. 

Appointed, but declined; Eli- 
jah Bachus commissioned, 
but not a resident. 



Qualified 7 April, 1817. 

Resigned. 

Quahfied 18 Feb., 1839. 



Resigned 5 July 1819. 



90 



NAME, 



Benjamin Webb, . . . . 

Mason Foley, 

Matbias Cbapman, . . 
Presley Woodyard, . . . 

Cbarles Eectar, 

Barnes Beckwick, . . . . 

Chas. P. Bailey, 

H. L( Prentiss, 

John Harris, 

William Dyer 

Daniel Raymond, 

Sam'l S. Spencer, . . . . 

David Hopkins, 

William Tefft, 

Jno. G. Stringer, . . . . 
Thomas Dawkins, . . . 

William Maley, 

John K. Prince, 

Luther Edgerton, . . . 

Robert S. Smith, 

John Kincheloe 

Wm. E. Lockhart, . . . 
J no. McFarland, 

Jefferson Gibbens, . . . 
Wm. S. Gardner, . . . . 

Wm. F. Coffer, 

Geo. W. Henderson, . 

Alex'r H. Creel, 

John Hannaman 

Samuel Hammett . . . 
Wm P. Eathbone, . . . 

Daniel E. Neal, 

Wm. Logan, 

Edward Tracewell, . . 

Jacob Cork; 

Alfred L. Kinnaird, . 
Daniel Wilkinson, . . . 
Alfred Beauehamp. . . 



Date of Com. 
or Qualifi'u, 



28 Feb. 
16 Jan. 

9 July 
28 Feb. 



1821. 
1822. 
1827. 
1830. 
1823. 
1822. 
1830. 
1832. 



3 Nov. 
23 Aug. 

3 Nov. 

13 Nov. 1835. 



1830. 
1832. 
1832. 
1833. 
1836. 
1834. 



11 Jan. 

2 Feb. 



u u 

19 Aug. 
21 Apr. 

U 11 

(' '( 

4 Nov. 

(( u 

(( (f 

4 Nov. 



1836. 

u 

1839. 
1841. 



13 Dec. 1842. 



1850. 
1846. 



1846. 



1846. 
1847. 



RESIGNATION, ETC, 



Qualified 3 June 1822. 
19 Feb. 1827. 

Qualified 1 Dec. 1823, Wirt Co. 
" 2 April 1822. 



Resigned 16 March 18.32. 



Qualified 21 Jan. 1833. 
" 16 Sept. 1833. 

Qualified 19 Jan. 1835. 

Qualified 21 December, 1835. 
Pleasants County. 



Qualified 17 June 1839. 
Quali'd 17 Mar. 1841, Wirt Co 
Qualified 22 June 1841. 

Died before 1845. 
Qualified 16 Jan 1843. 



19 Aug. 1850. 
Pleasants Co. 
Qualified 18 May 1846. 
17 Aug, Pleasants Co. 

15 June, 1846, Wirt Co. 
19 Oct. 1846. 

16 Nov. 1846. 

Q'd 16 Nov. 1846, Vacated. 
Qualified 16 Nov. 1846, Res. 
Qualified 16 Nov. Wirt Co. 
Wirt Co. 



1852 to 1864— ELECTIVE JUSTICES. 

Under the Constitution of 1851-2 the magistrates were 
chosen by popular vote, to serve four years from 1 July 
1852. At the election 27 May 1852, at organization were 
recorded the following: 

Jefferson Gibbens, Benj. R. Pennybacker, Washington 
Berry, Edward S. McGuire, Geo. W. Henderson, William 



91 

Johnson, George Thorpe, Richard Arnold, Benjamin F. 
Reeder, William H. Taylor, William McKinney, Thomas 
Chancellor, Samuel Dewey, Wm. R. Black, Zachariah 
Hickman, Edward Roe, Wilson Franklin, John Smith, Wil- 
liam Fought, John Hannaman. 

Jefferson Gibbens, President. 
At Sept. term 1853 appear on the roll also Jno. W. Moss, 
Jno. A. Stephens, Henderson Deen, Alex'r C. McKensie, 
and Edward Trace well; and disappear names of George 
Thorpe, B. F. Reeder, Edward Roe, Wilson Franklin, and 
William Fought. 

AUGUST TERM 1856. 

B. R. Pennybacker, Edward Tracewell, Geo. K. Leon- 
ard, W. A. M. Reed, James' Stephens, Mathew Mahew, 
Geo. W. Henderson, Jesse Murdough, Jacob Cork, Elijah 
P. Dye, Robert Buckner, Geo. W. Lott, Michl S. Ander- 
son, Hugh P. Dils, Edw'd D. Stagg, Marcellus Clark, John 
Rhine, George Page, LeiAuel Cooper. 

H. P. Dils, Presiding. 

1856— JULY TERM. 

B. R. Pennybacker elected 1st Dist. 
. Ed'w. Tracewell elected 2d Dist. 

Jesse Murdough elected 3d D ist. 

For the full year 1855 only $96.00 was claimed by and 
paid to the President of the court, as per diem. 

JUNE TERM 1858. 

At the June term 1858, the following classification was 
made: 

Presiding Justice, H. P. Dils. 

1. George 'W. Lott, W. A. M. Reed, Mathew Mayhew 
and Marcellus Clark. 

2. Joseph Johnston, Jesse Murdough, and James 
Stephens. 

3. Ben. R. Pennybacker, George Page, and Edward 
Tracewell. 



9S 



4. Geo. W. Henderson, M. S. Anderson and Robert 
Buckner. 

5. Jacob Cork, Lemuel Cooper and Edward D. Stag:g. 
Robert S. Smith, E. P. Dye and Levi Stephens. 

JULY TERM 1860. 
Elected 24 May Last. 



6. 



Henry Swindler, 
Henry S. Mitchell, 
John Wigal, 
Joseph Marlow. 

Hugh P. Dils, 
Barnett H. Foley, 
John W. Moss, 
John W. Mitchell. 

Geo. W. Henderson, 
Wm. E. Stevenson, 
Alex'r C. McKinsie, 
Parkinson Reed. 

Thomas C. Byrd, 
John S. McGuire, 
M. P. Schock, 
Robert Buckner. 

Levi Stephens, 
James M. Leach, 
Herman Deem, 
Thomas Stephens. 



District 1. 



District 2. 



District 3. 



District 4. 



District 5. 



August term John W. Moss chosen Presiding Justice. 

In Sept. 1861, Swindler and Marlow of District 1, 
resign and a new election is ordered. But in Nov. of that 
year reconstruction is necessary and the Governor ap- 
points to vacancies: Thompson Devaughn, Geo. W. Lott, 
Lawrence A. Beckwith, Josiah Shanklin, John House, 
Thos. D. Wilson, Edward Tracewell. 

FEBRUARY TERM. 

The minutes of Feb. Term 1862 have this entry: "It 
appearing to the satisfaction of the Court that all the Jus- 




JEFFERSON GIBBENS. 

Presidiag Justice of Wood County, 
1852 to 1850. 



95 

tices of this County, who have resigned, or whose offices 
have otherwise become vacant, have been served with a 
copy of the order of the Court, November term last, re- 
quiring them to return to the clerk of the Court copies of 
the Code of Virginia, Mayo's Guide, and such acts of the 
Assembly as they have respectively received and receipted 
for. And it also appearing to the Court that Thompson 
C. Byrd, Barnett H. Foley and John Wigal, Justices, 
whose offices have become vacant, have failed and refused 
to deliver the said books pursuant to the said order; it is 
ordered that the said Thompson C. Byrd, Barnett H. Fo- 
ley and John Wigal be severally summoned to appear 
here on tlie first day of March Term next to show cause, 
if any they or either of them can, why they shall not be 
severally attached for a contempt in failing and refusing 
to obey the order aforesaid." 

All places were made vacant by legislative enactment, 
and in Nov. 1861 the Governor appointed as Justices from 
the 1st district, Geo. W. Lott and Lawrence A. Beckwith; 
from the 2d, Josiah Shanklin, Thos. D. Wilson and Ed- 
ward Tracewell; from the 4th, Thompson Devaughn and 
John House. 

APRIL TERM, 1862: CLASSIFICATION. 

1. John Flinn, Levi Stephens, Edw'd Tracewell and 
A. C. McKensie. 

2. Pres. Jus. and John House, G. W. Lott and Josiah 
Shanklin. 

3. P. J. and W. Stevenson, Thompson Devaughn and 

James M. Leach. 

4. P. J. and H. B. Deem, Thos. D.Wilson and P. Reed. 

5. P. J. and Robert Buckner, Thos. Step and J. S. 
Keever, 

6. P. J. and M. P. Schock, L. A. Beckwith, H. P. 
Dils. 



1864 TO 1873.— JUSTICES FOR THEIR SEVERAL DISTRICTS. 



Election 30tli January, 1864. 



Parkersburg, 


- Robert S. Smith, (1) 


(( 


- Wilson Franklin, * 


Williams, 


- - - Parkinson Reed 


Union, 


- Hubbard M. Prince, (2) 


Clay, - - 


Zack Hickman, (3) 


Harris, 


J. S. Keever 


Lubeck, - 


- Edward Trace well 


Walker, - - 


Jno. W. Mussetter (4) 


Slate, 


Henderson Deem, (5) 


Steele, 


Geo. W. Lott 


Tygart, - - 


Adam Laugblin, (6) 



JUSTICES. 



Election 12 May, 1867. 



Parkersburg, - - - William Dils 

- - - Geo. W. Taggart 

Williams, - - - Walter Athey. (7) 

Alex. C. McKensie, (1869 addit'l) 
Union, ... . V. A. Dunbar 

- W. A. M. Reed, (3 Nov. 1870) 

*' At an election, 9 May, 1865, were chosen to till vacancies: 
Clay — Jas. M. Kobinson in place of Hickman. (3) 
Parkersburg — Samuel Smith in place of Wilson Franklin. * 
Union — V. A. Dunbar in place of H. M. Prince. (2) 
Tygart— Ealph Black in place of Adam Laughlin. (6) 
10 Aug. 18(56, Jno. Hannaman appointed for Clay in place of Rob- 
inson; he declined and C. W. Taggart instead. (3) 

21 Dec. 1866, Mussetter of Walker resigned, and S. M. Peterson in 
place. (4) 

10 Nov. 1869, R. D. Petty of Tyga'-t, resigned and W. R. Black in 
place. (6) 
(I) Dec'd, and 24 Jan. 1867, G. W. Taggart in place. 
(5) Deem of Slate, 5 June, 1866, resigned and E. P. Dye, in place. 
(7) Morgan lleurie, 4 .Jan. 1870, in place of Athey. 



■97 



Clay, 

i 6 


C. W. Taggart 


Harris, 


J, S. Keever 


( ( 


- J. P. Leavitt, (Dec. 1869 addit'l) 


Lubeck, 


L. A. Beckwith 


( i 


James Brown 


Walker, 


Thompson Devaughn 


( ( 


- Geo. P. Sergeant, (appears later) 


Tygart, 


Wm. H. Taylor, (2) 


Steele, 


George Cox 


( ( 


- Geo. W. Lott, (in 1869, addition) 


Slate, 


E. P. Dye 


Election 26 Oct. 1871, Serving Through 1872. 


Parkersburg, - - Jno. W. Mitchell 


( ( 


George W. Neal 


Williams, 


Morgan Henrie 


a 


D. P. Wigal 


Clay, 


- . - Jas. M. Robinson 


Harris, 


Whitten Wells 


< i 


- W. W. Foughty, (1) 


Lubeck, 


Edward Tracewell 


( ( 


J.' H. Miller 


Walker, 


Jno. S. McGuire 


(( 


Geo. P. Sergeant 


Slate, 


Henderson Deem 


Steele, 


Levi Stephens, (2) 


i i 


J. H. Judkins, (3) 


Tygart, 


John Foley, (4) 


Union, 


W. A. M. Reed 


(( 


V. A. Dunbar 



(2) Taylor resigned, 16 "NTov. 1868, and R D. Petty in place; April 
1870, Black resigned and Thos. Stephensx)n in place. 

(1) Foughty succeds in 1872; by election in 1871, Leavitt in Harris. 

(2) Succeeds by election in 1871, for 1872, Lott in Steele. 
(:i) Suceeds Geo. Cox of Steele. 

(•4) Succeeds J. M. Leach of Tygart for 1872, by election in 1871. 



98 
1864 TO 1873— BOARD OF SUPERVISORS. 

To the Board of Supervisors, one from each magis- 
terial district, was committed the financial affairs of the 
county, from 1864 to 1873, while in each of the said dis- 
tricts for that period, were elected Justices of the 
Peace, who administered the law. 

By the first election, 30 Jan. 1864, were chosen: 

Lysander Dudley, Ozias Stephens, Harrison Buckley, 
Sam'l S. Spencer, Edwin S. Butcher, Thompson De- 
vaughn, William T. Cook, John W. Davis, Thos. H. Bart- 
lett and Lawrence Beckwith. 

At their first meeting, 11 Feb., Lysander Dudley was 
made President, and continued to 20 June 1864, and Sam'l 
S. Spencer thereafter. John Hall, County Treasurer, 
and Geo. K. Leonard Clerk of the Board. 

At the election. Fourth Thursday in April 1864 the same 
Supervisors were chosen to serve one year from 20 June 
1894, who selected the same Clerk and President. 

Supervisors Election 9 May, 1865. 

Parkersburg - - - Lysander Dudley 

Williams - - - Sam'l S. Spencer 

Union - - - John W. Davis 

Lubeck - - - L. A. Beckwith 

Clay - - - George Harris 

Walker - - - Thomj)son Devaughn 

Slate - - - Edwin S. Butcher 

Steele - - - Ozias Stephens 

Tygart - - - Wm. T. Cook 

Harris - - - H. W. Buckley (1) 

Sam'l S. Spencer Pres't from 20 June 1865, to 5 May 
1R66, when he resigned, and Joshua Stapleton in place as 
member. Dudley Pres't from Jan. 1866; Geo. K. Leonard, 
Clerk, John Hall, Treasurer, (2) 

(1) 3n Dec, 1865. Wm, Beckett in place of H. W. Buckley, in Harris. 

(2) Died in Dec. 1865, and Thompson Leach in place. 



99 



ELECTION 24 MAY 1866, 



Parkersburg 

Williams 

Union 

Lubeck 

Clay 

Walker 

Slate 

Steele 

Tygart 

Harris 



Ly Sander Dudley 
Enoch Rector 
John W, Davis 
. L. A. Beckwith 
George Harris 
Thompson Devaughn 
Washington Berry 
Jacob Deem (the 3d) 
Wm. T. Cook 
W. A. Cooper 
Lysander Dudley, President. 
Geo. K. Leonard, Clerk. 
Milton P. Amiss, Treasurer. 



ELECTION 12 MAY 1867. 



(1) 



Parkersburg . . Lysander Dudley 

Williams . . . Enoch Rector 

Union . . . John W. Davis 

Lubeck . . William Maywood 

Clay . . . Wm. O. Fought 

Walker . . . Robert A. Byrd 

Slate . . , Edwin S. Butcher 

Steele . . Jacob Deem (the 3d) 

Tygarts . . . . F. C. Bogg 

Harris . . . W. A. Cooper 

Lysander Dudley, President. 

Geo. K. Leonard, Clerk. 

W. H. Hunter, Treasurer. 



ELECTION, 4tli THURSDAY IN OCT. 1868. 



Parkersburg 
Williams 
Union 
Lubeck 



W, H. Smith 

. Enoch Rector 

Jno. W. Davis 

J. P. Tracewell 



(1) M. P. Amiss, in Oct. 18B5 was elected Treasurer, but refused to qualify. 



100 



Win. O. Fought 

J. W. Mussetter 

H. B. Deem 

S. T. Rial 

W. T. Cook 

W. A. Cooper 



Clay 
Walker . 
Slate 
Steel 
Tygart . 
Harris 

Lysander Dudley, President to Dec. 31, 1868. 

Enoch Rector, President to Dec. 31, 1869. 

Geo. K. Leonard, Clerk, to Jan. 1869. 

J. W. Davis, Clerk from Jan. 1869. 

W. H. Hunter, Treasurer. 

ELECTION 28 OCT. 1869. 

Parkersburg , . W. H. Smith 

Williams . . . Selden S. Stone 

Union . . . A. R. Rolston 

Clay . . . Wm. O, Fought 

Walker , . , Robert A. Byrd 

Slate . . . Edwin S. Butcher 

Steele . . . Peter Sellers 

Lubeck . . J. P. Trace well 

Tygart . . . James Cooper ., 

Harris . . • . W. C. Keever 

Enoch Rector, President 1869. 

Selden S. Stone, President 1870. 

John W. Davis, Clerk. 

ELECTION 27 OCT. 1870. 



Parkersburg 

Williams 

Union 

Clay 

Walker 

Slate 

Steele 

Lubeck 

Tygart 

Harris 



George Dent 

Selden S. Stone 

A R. Rolston 

W. O. Fought 

Robt. A. Byrd 

John A. Page 

Peter Sellers 

Geo. W. Coffer 

Thos. A. Tavenner 

A. G. Congrove 



101 

Selden S. Stone, President to 31 Dec. 1870. 
George Dent, President to 31 Dec, 1871. 
Jno. W. Davis, Clerk, 1870. 
Stephen C. Shaw, Clerk, 1871. 

ELECTION 26 OCT. 1871. 

Parkersburg- . . . W. H. Stahlman 
Williams . . . Kinnard Snodgrass 
Union . , . . Jno. W. Davis 

Clay . . . William O. Fought 

Walker . . . T. B. Parker 

Slate . . . Geo. M. Riddle 

Steele ... J. A. Woodyard 

Lubeck . . . Geo. W. Coffer 

Tygart . . , Thos. Stephens 

Harris . . . A. C. Congrove. 

Wm. O. Fought, President, 1872. 
Stephen C. Shaw, Clerk. 
The Board, 31 Dec. 1872, adjourned by expiration, and 
John W. Davis made an able valedictory for the Super- 
visors. 

1873 to 1881.— JUSTICES COURT. 

Under the new Constitution, by an election 22 Aug. 1872, 
Justices were chosen in each district, to constitute the 
County Court, and by vote over the several districts a 
Judge to preside. Their term was four years. The vote 
for the highest two stood: 

Parkersburg — Geo. W. Neale, and W. P. Rathbone. 

Williams— Morgan Henrie, 157; D. P. Wigal, 132. 

Union— Jno. W. Davis, 110; W. A. M. Reed, 106. 

Clay— Wm. Devaughn, 132; J. P. McCardle, 105. 

Walker— Jno. S. McGuire, 226; G. P. Sergeant. 196. 

Slate— Andrew J. Price, 59; Elijah P. Dyer, 57. 

Steele— Jared Florence, 166; S. P. Moore, 165. 

Harris— Jno. R. Leachman, 171; Whitten Wells, 166. 

Lubeck — John Cook, 162; James Romine, 147. 

Tygart— Wm. T. Cook, 90; Jno. H. Foley, 82. 

Cyrus Hall, President. 



102 

JUSTICES, JANUARY TERM 1873. 

W. P. Ratlibone, Geo. W. Neale, Morsfan Henrie, W. 
A. M. Reed, S. P. Moore, Jno. S. McGuire, James Ro- 
mirie, D. P. Wi^^al, W. T. Cook, Jared Florence, Wm. De- 
vaughn, John Cook, Jno. R. Leachman, Whitten Wells, 
Jno. W. Davis, Geo. P. Sargeant, Andrew J. Price. 

Cyrus Hall, President to Jan. 1877. 

Samuel Chubbuck, IB Oct. 1874 appears as Justice, and 
J. P. Garden, in Mar. 1876. 24 Mar. 1874 Sergeant re- 
signed. In 1874 Devaughn removed from the District. 

JUSTICES JAN. 1877. 

Sam. L. Addison, F. C. Boggs, Whitten Wells, D. L. 
Davis, Jno. W. Davis, Jos. Johnston, John Wharton, J. 
R. Leachman, J. H. Cooper, S. P. Moore, D. P. Wigal, 
Geo. M. Riddle, W. Wm. Devaughn, J. P. Tracewell, Jno. 
Hickman, Jared Florence, T. B. Parker. 

Kinnard Snodgrass, 
Pres't from Jan 1877 to 31 Dec. 1880. 

The last meeting of the County Court, as constituted by 
the Justices, was held in December of 1880. It was an 
occasion of parting and regret by bar and court members. 
The minute book, 4 pages 265 and 266, Dec. 17, has tbe 
following resolutions thereon: 

' 'Whereas, By the ratification of the amendment to the 
8th article of the Constitution, on the 12th day of October, 
1880, the people of the State of West Virginia, have seen 
fit to abolish the present system of the County Court, 
And 

Whereas, this will be the last session of the County 
Court as now constituted, And 

Whereas, the present system has received the confi- 
dence, the patronage and support of such distinguished 
citizens of the old State, (Virginia), as Washington, Jef- 
ferson, Monroe, Madison and Chief Justice Marshall, And 

Whereas, the bench in the days of the past, has been 




KINNARD SNODGRASS, 

Judirc of Wood County Court. 

•1877 to 1881. 



105 

occupied by such distinguished and respectable men of 
our County, as Herman Blennerhassett, Alexander H. 
Creel, George W. Henderson, Hugh P. Dils, Jefferson 
Gibbens, John W. Moss, B. H. Foley and Daniel R. Neal, 
And 

Whereas, we, the members of this bar, have ever re- 
ceived the kindest and most considerate treatment at the 
hands of this Court, and have only met in its members, 
honest, high-toned, and courteous gentlemen, dealing 
Justice to all fairly and impartially. 

Be it resolved by us, the members and ex-members of 
the bar of Wood County, that we take this public manner 
of expressing our thanks for the many acts of kindness 
and universal courtesy received at the hands of this Court 
from all the members thereof, and especially from Kin- 
nard Snodgrass, the President of this Court. 

That we request the Court now sitting to allow these 
resolutions to be spread upon the record and made a part 
of the proceedings of this Court. 

James M. Jackson, 
Jacob B. Jackson. 
Geo. W. Neale, 
W. W. Van Winkle, 
Walter S. Sands, 
Chas. T. Caldwell, 
Talbot O. Bullock, 
J. G. McCluer, 
R. Heber Smith, 
D. H. Leonard, 
John A. Hutchinson. 

JUSTICES— 1881 TO 1900. 

Election, 12 October 1880. 
Goo. K. Leonard . . . Parkersburg 

De. L. Davis ... " 

Hezekiah B. McKinney . WiUiams 

John W. Snodgrass . . " 

M. B. Johnson . . . Union 

Josejih Y. Smith ... " 

John C. Flinn . . . Harris 



106 



N. ^. Crook 
James L. Bailey 
Wm. H. Bickel 
N. S. Clark 

Geo. W. Coffer 
James M. Leach 
J. T. Prickett 
S. P. Moore 
H. C. Masters 
John B. Badger 
T. B. Parker 
B. F. Mount 
J. B. Badger 



" (1) 
Clay 

Lubeck 
Tygart (2) 

Steele 

"(3) 

-(4) 

Walker 

Slate 



JUSTICES. 



Election 14 October, 1884. 
Thomas P. Butcher 
De L. Davis 
Morgan Henrie 



L. T. Prettyman 
William A. Adams 
Thomas Meadlee ' 
James H. Buckley 
J. A. Carp 
C. A. Ware 
S. T. Boggess 
James M. Leach 
Marion J. Bickel 
Charles A. Pahl 
J. P. Tracewell 
R. C. Tracewell 



Parkersburg, (Oct. 1882.) 
Williams 

Union 

Harris 



(in 1882. 



Clay (5) 



Lubeck 



(in 1882.) 



(1) Cr 
in place. 



ook of Harris resigned, 1.'}. Apr. 1882, and John E. Mayliew 



(2) Ty}jj-art appears to liave two .Justices after Jan. 18M. by order 
of 4 Aug. i88(). 

(3) Badger, Masters and Moore are all recorded as (nialifyiiiK in 
this district, and Badger m Slate also. 

(4) Masters of Steele, removed from district, 1:5 Apr. 1882. and 
.Jared Florence in place. 

(5) Boggess resigned, (i Apr. 1885, and E. D. Stagg in place, 



107 



Thomas Leach 
E. W. Deem 
E. M. Kamsey 
Hiram D. Powell 
Alben Swearin.^en 
Charles M. Magill 
B. F. Mounts 
John B. Badsrer 



Tygart 



Steele 



Walker 



Slate 



(in 1882.) 



JUSTICE.— Election 6 Nov. 1888. 



Sam. T. Stapleton, 
Thos. P. Butcher, . 
Monroe Uhl, 
Mathew Mayhew, 
ClausonP. Corbitt, 
Richard E. Fisher, 
James H. Owings, 
John H. Buckley, 
James A. Anderson, 
C. S. Murphy, 
Jacob P. Kesterson, 
Geo. W Coffer, 
Wm. A. Ruble, 
Edw'd W. Deem, 
Jared Florence, 
Geo. W. McVey, 
Chas. M. Magill, . 
Benj. P. Mounts, 
Jno. B. Badger, . 



Parkersburg 

Williams 

Union 

. Harris 

(( 

Clay 

C ( 

Lubeck 

(( 

Tygart 

Steele 
(( 

Walker 
Slate. (1) 



JUSTICES.- 

D. J. Jones, 
A. B. Beckwith, 
O. D. Way, 
Monroe Uhl, 



-Election 8 Nov. 1892. 

Parkersburg district 

Williams 



(1) Left the County, and in place Dr. A. K. Ross. 



108 

R. E. Fisher, .... Union, (1) 

S. T. Boggess, . . . . " 

Jas. H. Owings, .... Harris 

W. O. Butler, • . . . . 

M. T. Devaughn, Clay 

Henry L. Farson, , . , . " 

D. H. Lilly, . . . Lubeck ] ,^, 

Geo. W. Coffer, . . . «- c(^) 

William Kirk, . . . . Tygart 

W. H. Ruble, .... 

Geo. W. McVey, . . . Steele 

Jared Florence, . . . . " 

A. Swearingen, . . . Walker 

A. J. Devaughn, . . . . " 

Homer G. Merrill, .... Slate 

JUSTICES.— Election 10 Nov. 1896. 

(Totakeofiicem Jan. 1897.) 

Parkersburg— D. J. Jones, 1738. 

" G. A. Dremian 1690. 

Williams— W. P. Beeson, 219. 

Benj. Chancellor, 219. (1.) 
Union— A. L. Cross, 294. 
C. P. Corbitt, 300. 
Harris— W. O. Batler, 286. 

SamN. Proffitt, 289. 
Clay — Jas. A. Anderson, 287. 
Henry F. Stanley, 255. 
Lubeck— Jos. M. Johnston, 306. (2.) 

" J. R. Leachman, 297. 

Tygart— Wm. Kirk, 233. 

W. H. Ruble, 237. 
Steele— D. P. Coe, 282. 

(1) Eesigned 7 Jan. 1895, and C. P. Corbitt in place. 

(2) Elected 6 Nov. 1894 W. F. Truslow and J. P. Hesterson. 
(1.) J. W. Chichester, 22 July 1897, appointed till election. 
(2.) Kesigned in March and Elisha P. Wilson in place. 




JOHN F. LAIRD, 

Prosecuting Attorney, 
1897 to 1901, 



119 

was refused by the Court, conceiving that as he had here- 
tofore refused to qualify when called upon by the Court, 
he cannot be admitted at this time. To which John Stoke- 
ley, one of the sitting Justices protests." 

Grand Juries were considered the " eyes of the people," 
the sieve through which were sifted the reports that 
might discover infactors of law and good order. The 
courts in early days, were accustomed to appoint for these 
duties, citizens of integrity, honor and discreetness as 
well as those fearless and conscientious. They were in- 
tended to not only reveal crime and the perpetrators 
thereof, but to shield the citizen as well, when suspicion 
unfounded over-shadowed his pathway. 

The session of the Justices court, 12 May 1800, formed 
the first Grand Jury of the county, as follows: 

Richard Sparrow, Foreman; James Gibson, George 
Armstrong, Benjamin Badgeley, Peter Hannaman, John 
Bibby, Charles Howard, John Gard, Jeremiah Sergeant, 
Hamilton Morrison, Jesse Jackson, Adam Mires, Josiah 
Nally, Samuel Halley, James Gillispie, Peter McCall, 
William Enoch, Joel Lowther, and William Powell, 19. 

The next Grand Jury empanneled 3 Aug. 1801, were: 

Nehemiah Spencer, Jedediah Darley, Adam Miener, 
Jacob Trumble, Luke Misner, William Prince, Ephraim 
Gard, Peter Hannaman, Charles Rockhold, Thomas 
Thornton, Daniel Rowell, George Foutty, John Dixon, 
Peter McCall, Eleazer West, Sylvester Barnes, John 
Lockhart, William Ratcliffe, Richard Lee, and John 
Dean, 20. 

On the 5 Nov. 1810, the "body of the County," as often 
called, consisted of Moses Pilcher, Foreman; Alexander 
White, Isaac Staats, Henry L. Prentiss, Peter Hannaman, 
Reuben Dye, John Caplinger, John Kittle, Henry Lloyd, 
Adam Vanoleara, Jedediah Darley, John Barnett, Mason 
Foley, John Sergeant, James White, Samuel Barrett, 
William Hill, David Lee, Ezekiel Barnes Jr., Oliver 
Hutcinson, David Owl (Uhl), and David Deem. 

The following order follows upon the court records: 



120 

"^Manlove Beauchamp, having been summoned to attend 
this court as a Grand Juror, and being solemnly called 
failed to appear. It is therefore ordered that for his 
non-attendance he make his line with John Tyler, Esq. , 
Governor, or Chief Magistrate of this Commonwealth for 
the time being, or his successor in office, for the use of 
the said Commonwealth, by the payment of eight dollars, 
unless good cause be shown for such failure, at or before 
the next Quarterly Term." 

"Also, it being suggested that Jennings, an 

orphan under the age of 21 years, hath been bound to 
Manlove Beauchamp of this county, and that the said 
orphan is illy treated by his master, it is therefore ordered 
that the said Manly Beauchamp be summoned to appear 
here, at the next term to show cause why the indentures 
should not be cancelled, and the said apprentice be bound 
over to another person. " 

The Grand Jury for the June Term, 1818, was com- 
posed of: 

Bartlett Leach, Foreman; Samuel Coe, John Pugh, 
James Riggs, Noah Ogden. Absolom Ogden, David 
Thomas, John Dils, William Renick, John Phelps, Hedg- 
man Simpson, Walter Coe, Jr., George Leach, Abraham 
Vandiver, Scarlet G. Foley, Hugh Phelps, Jr., George 
Parker, James Creel, Edward Johnson, Jacob Uhl and 
Elias Kincheloe. 

About the year 1819, in the month of June, the Gentle- 
men Justices began to feel very poor and economic, and 
"ordered that twenty-five dollars heretofore appropriated 
for the purpose of procuring a County Seal, and now in 
the hands of James H. Neal, be applied to payment of 
two stoves and pipes for the use of the Court House, or as 
much thereof as shall be found necessary.'' 

In 1818, Isaac Morris, a practicing attorney, so irritated 
the Justices in Court, as to be fined 83 cents, to go to the 
Literary Fund. These fines upon members of the bar 
appear of frequent record, followed next day by a release 
upon explanation or apology. 




FREDERICK STAHLMAN. 

Present County Commissioner.^ 



121 

In 1820, one of the Grand Juries had enrolled. John 
Neal, Foreman; Nathaniel Morehead, Jas. D. Morehead, 
David Spencer, John Spencer, Jr., Wm. O. Fought, Jonas 
Lewis, Mason Foley, Hedgeman Simpson, William Skin- 
ner, Samuel Allen, Abraham Pribble, John Barrett, 
Hector R. Eskridge, Henry Dils, William Renick and 
Samuel Barrett. 

At the August Term, 1852, the following constituted the 
Grand Jury: 

Albert G. Leonard, Foreman; John Hill, William 
Deems, George Cummins, Wm. T. McClintick, Mark A. 
Melrose, Henry Cooper, Levi Stephens, Wyatt Lewis, 
Jonathan B. Beckwith, Henry H. Harper, Abraham F. 
Ingram, Owen Owens, Alferd Neale, Edward Johnson, 
Elisha Whitlach, Ludwick Mott, John Dare, Thomas W. 

Locker and James Melrose. 

« 

HIGH SHERIFFALTY. 

In early day this was a commanding position among 
the yeomanry. The "saddle-bags" of the county, as it is 
often styled, still remains an important lever in political 
aifairs. Promotion, for years, of unsalaried service, as 
the reward, led from the seat of Justice upon the county 
bench, to it. And yet, as now according to individual 
taste, it was sometimes so undesirable, that a fine was 
imposed for not accepting the office tendered. 

The office in 1634 was elective, and in 1642 limited to 
a year term. In 1655 appointment was by the Governor 
and council, from three persons named by the commis- 
sioners of the county. In 1660 it was conferred on the 
oldest Justice in commission, and in 1705 that the Gov- 
ernor might commission either of the three nominated, 
and the selected one to hold office for two years. A pen- 
alty was added in 1710 for refusal to accept, and in 1775 
power of appointment was delegated to the county courts. 
The constitution of 1776 revived the custom of appoint- 
ment by the Governor, and recommendation by the courts. 
An act of 1792 directs that the court should annually nomi- 



122 

nate three of the sitting Justices, from whom the Gov- 
ernor commissioned one as his preference. Failure to so 
nominate subjected each justice to a two hundred dollar 
fine, and if the Sheriff appointed, failed to give bond he 
was fined $300, and another of the nominated justices was 
made sheriff. By consent of the Virginia Exectutive the 
Term might be extended to two years. These provisions re- 
mained in force, practically, till the revised Constitution 
of 1851 went into operation, when the office became elect- 
ive and the term fixed at two years. The Constitution of 
the new State of West Virginia, in 1883, fixed the term 
as four years, and it so continues, with the restriction of 
ineligibility for a consecutive service, even by election. 

The rates allowed for keeping in custody, as property 
under execution, for each day, sounds strangely now, and 
was: 

In Sept. 1807, for horse 17 cents; cow, twelve and a half 
cents; horse or sheep, 6 cents; negro 17 cents. 

In June, 1810, for horse or mule, 8 cents; cattle or hog, 
same, sheep or goat, 6 cents; slave, 14 cents. 

HIGH SHERIFFS. 



1776, 


under 


Monongalia^ 


. John Dent 


1783, 


( i 


(( 


David Scott 


1784, 


under Harrison, 


William Lowther 


1785, 








James Anderson 


1786, 








James Anderson 


1787, 






" . 


Nicholas Carpenter 


1788, 








Nicholas Carpenter 


1789, 






, , 


William Robinson 


1700, 








William Robinson 


1791, 








John McCally 


1792, 








John McCally 


1793, 








John Sleeth 


1794, 








Benj. Robinson 


1795, 








Benj. Robinson 


1796, 








John Prunty 


1797, 








Thomas Read 


1798, 








Thomas Read 


1799, 


under Harrison 


John Hacker 


1800, 


( 


( 


(( 


(( .( 



^ 




CHARLES AMOS WADE, 

Sheriff of Wood County, 

1897 to 190f. 



125 



WOOD COUNTY SHERIFFS. 

The first appointment for the new county was William 
Lowthei", who had been a Militia Lieutenant for Harrison 
county during the Indian wars of 1785 to 1794. He was 
commissioned by James Monroe, 27 January, 1800, and 
Hugh Phelps and John Neal became sureties on bis 
official bonds. The bonds were four, two of ten thous- 
and each, one of thirty thousand, and another of six 
thousand dollars penalty. 



1800, William Lowther, 

1801, Hugh Phelps, 
1803, Thos Prible. 
1805, Ichabod C. Grifiin, 
1807, John Neal, 

1809, Robert Wells, 
1812, Reece Woolfe, 

1814, Joseph Spencer, 

1815, Peter Anderson, 
1817, John G. Henderson, 
1819, Daniel Kincheloe, 
1821, Thomas Tavenner, 
1823, Rob't Triplett, 
1825, Robert Edelen, 
1827, Bennett Cook, 

1830, Henry Steed, 

1831, Jno. Stephenson, 
1833, Jonas Beeson, 



1836, Joseph Tomlinson, 
1838, Jeptha Kincheloe, 
1841, Barnes Beckwith, 
1844, Mason Foley, 
1846, C. Rector, ^. 
1848, J. A. Kinnaird, 
1851, Matthias Chapman, 
1853, T. J. Cook, 
1857, Geo. L. Harwood, 
1861, Henry H. Dils, 
1865, Wm. H. Mattingly, 
1869, Wm. Jared Hill, (?) 
1877, Charles H. Shattuck. 
1881, Chas. B. Smith, 
1885, Samuel Stewart. 
1889, Jas. L. Buckley, 
1893, Jno. W. Dudley, 
1897, Chas. A. Wade. 



WOOD COUNTY CENTENNIAL CELEBRATION. 
1799-1899. 

The several meetings of citizens of Parkersburg, inter- 
ested in a proper celebration of the Centennial Anniver- 
sary of the Formation of Wood County, resulted in the 
selection of the following gentlemen to constitute an 



126 

Executive Comaiittee with power to arrange for and 
carry out appropriate exercises: 

Alvaro F. Gibbens, Prest., 
Harry P. Moss, Sec'y, 
Capt. E. P. Chancellor, Treasurer. 
J. F. Partridge, Jno. S. Camden, 

Sydney F. Shaw, G. B. Gibbens, 

H. B. Stout, J. B. Finley, 

S. B. Baker, Edward McCreary, 

T. M. Silcott, Chas. H. Turner. 

Auxiliary Committees. 

The Press: 

Wood County. 

State Journal, C. B.Smith, Jr. 

Parkersburg Sentinel, Hugh F. Kyle, 

Daily News, D. M. O'Bleness. 

Smith's Index Channing M. Smith 

Parkersburg Gazette Merton B. Gibbens 

Methodist Episcopal Times D. A. Denton 

WIRT COUNTY. 

Mountain Messenger Elizabeth 

Times " 

Kanawha News " 

JACKSON COUNTY. 

News Ravens wood 

Jackson Herald Ripley 

Mountaineer " 

PLEASANTS COUNTY. 

Oracle St. Mary's 

RITCHIE COUNTY. 

Review Harrisville 

Gazette " 

Standard " 

News Pennsboro 




OTTO SCHILTZ, 

Present County Commissioner 




EDWIN SAMUEL BUTCHER, 
President of County Commissioners, 

1884 to 1887. 



Ill 

S. p. Moore, 285. 
Walker— W. H. Lenhart, 250. (3.) 

L. Mir^icle, 269. 
Slate— Win. Melrose, 84. 

Homer G. Merrell, 120. 

COUNTY COMMISSIONERS. 

1881-1900. 

From 1881 the fiscal affairs of the county have been 
managed by three commissioners, elected in the preceding 
Fall by the people, while the Magistrates, chosen by the 
voters of each District, formed the local judiciary. They 
were and are : 

1881-2. 

Sam'l S. Spencer, 2 years; W. C. Stiles, Jr., 4 years; 
E. S. Butcher, 6 years. Samuel S. Spencer, Pres't for 

1881 and 1882. 

1883-4. 

A. A. Kellar, W. C. Stiles, E. S. Butcher. Stiles 
Pres't for 1883.* E. S. Butcher Pres't 1884. 

1885-6. 

A. A. Kellar, W. A. McCosh, E. S. Butcher. Butcher 
Pres't in 1885 and 1886. 

1887-8. 

A. A. Kellar, W. A. McCosh, Levi Stephens, Jr. 
McCosh Pres't in 1887. Kellar Pres't in 1888. 

1889-1890. 

W. A. McCosh, Levi Stephens, Jr., R. N. Corbitt. Mc- 
Cosh resigned in April 1889, and A. B. Beckwith in place. 
McCosh Pres't to May, 1889; Beckwith balance of term. 

(3.) D. L. Davis qualified also. 

* Resigned and W. A. McCosh appointed to till vacancy, and 
elected in 1884 for full term. 



112 

1891-2. 

Ed. P. Chancellor, R. N. Corbitt, R. Levi Stephens, Jr.; 
R. N. Corbitt Pres't 1892-1891. 

1893-4. 

Ed. P. Chancellor, R. N. Corbitt, Ransom Rector; 
Chancellor Pres't to 1894, May 1, when he * resigned, and 
P. D. Gambrill in place. Corbitt Pres't balance of 1894. 

1895-6. 

Fred. Stahlman, Ransom Rector, W. A McKensie, 
Rector Pres't 1895; W. A. McKensie, Ransom Rector, 
Fred. Stahlman, Stahlman Pres't 1896. 

1897-8. 

Fred. Stahlman, Ransom Rector, W. A. McKenzie, 
McKenzie Pres't in 1897; Rector Pres't in 1898. 

1899-1900. 

Fred Stahlman, W. A. McKensie, Otto Schultz, Stahl- 
man, Pres't in 1899. 

CLERKS OF THE COUNTY COURT. 



NAMES 


Time of Service 


REMARKS 


John Stokeley, 


1799 to 1806 


Resigned 1 Septemb'r 


James H. Neal 


1806 to 1831 


Septem'r to Septem'r 


John Stephenson, Jr. . 


1832 to 1838 


14 June. 


John R. Murdock, .... 


1838 to 1852 


To 16 August. 


Henry H. Dils, . 


1852 to 1858 


18 June. 


Will Hatcher, 


1858 to 1863 


20 May. 



TITLE CHANGED TO RECORDER. 



George K. Leonard, . 
Edw'd Moore Hoit, . . . 

Wm. H. Smith, 

Will Hatcher, 

Thos. G. Smith, 

Benjamin F. Stewart, 



1863 


to 


1866 


1867 


to 


1871 


1871 


to 


1873 


1873 


to 


1877 


1877 


to 


1891 


1891 


to 


1903 



10 Jul. '63 to 15 Oct. '66 

To 31 December 1872. 
To 31 December 1876. 



* Resigned to accept Supervisor of Inspector of Steam Vessels 
for 7 Dist. 




BKN.I. B. STEWART, 

Wooil County Clerk. 



115 

COMMONWEALTH'S ATTORNEYS. 

At the opening of the County Court of "Gentlemen 
Justices," an attorney present, Mr. Delavey, was called 
upon for advice, and thus became the protem or first 
offtcer in county formation. The first regular attorney 
was paid $45 for his entire year's services. 

Nathaniel Davidson . 1800 to 1805, March 

Maxwell Armstrong . 1805 to 1806 

James G. Laidley . 1807 to 1820 

Joseph H. Samuels . 1821 to 1826 

John Jay Jackson . .. 1826 to 1852 

James M. Jackson . . 1856 to 1861, Aug. 

M. P. Amiss . . 1861 to 1864, July 

John A. Hutchinson . 1864 to 1869 

Jacob B. Jackson . 1871 to 1877 

David H. Leonard . . 1877 to 1881 Jan. 
John G. McCluer . . 1881 to 1888 to Aug. 

R. Heber Smith . . 1888 to 1888 to Nov. 

Charles T. Caldwell . 1888 to 1891 

Walter McDougle . . 1891 to 1897 

John P. Laird . . 1897 to 1901 

EARLY JURORS AND INCIDENTS. 

John Stokely, clerk of the Justices Court, 9 June 1800, 
mentioned "that as yet he had not obtained any copy of 
the laws, and as he might be liable to penalties in his of- 
ficial capacity, merely thro' lack of information, the Court 
ordered that it be entered as their -opinion that the said 
Clerk ought not to be blamed for such mistakes as has, 
will or may occur with said clerk for the lack of such lit- 
eral information, to-wit, by a lack of a copy of that part 
of the laws of Virginia commonly called the Revised 
Code." 

Notwithstanding this immunity, the Court, 29 Sept. 
1807 enters, "that Sheriff shall sell contract to lowest bid- 
der for completion of records which Clerk Stokely should 
have done, and report." James G. Laidley purchased the 



116 

job for $104, and was allowed to take the books out of the 
Court house to his residence to copy. And 29 Sept. 1809 
James G. Laidley was directed to "institute suit against 
John Stokely, late Clerk, for failure to bring up the rec- 
ords of the proceedings of the Court." 

The Justices Court, 4 May 1801, to- wit: Thomas Frib- 
ble, John Stephenson, John Neal, Hezekiah Bukey, Reece 
Wolfe, Hugh Phelps, and Jacob Beeson, have maturely 
considered the tenor of the Governor's letter, dated 23 
Mar. 1801, it is ordered that the Clerk of this County, do 
certify to the Hon. James Monroe, Governor, as follows: 
that 24 persons have been commissioned as Justices of the 
Peace in and for this County, one of wiiom, to-wit, Elijah 
Barchus, is not nor has not been a resident of this County, 
since the County of Wood existed; one other, Isaac Wil- 
liams, hath refused to swear into office, one other, Geo. 
D. Avery has not been sworn in; one other, Caleb Hitch- 
cock, we sincerely think unworthy of that office, on ac- 
count of his mal conduct both in and out of Court. He 
lately refused to sign the Journals, when he was acting as 
Senior magistrate of the Court, and hath refused to do 
the duty of a Justice, at sundry other times when re- 
quired thereto, as we are well-informed, when out of 
court. Moreover the said Caleb is very subject to intoxi- 
cation. And as to the distribution of the magistrates of 
this County, we shall observe that since the late commis- 
sions have been issued, the ^Justices of our county are 
distributed tolerably well. This was the unanimous opin- 
ion of the Court." ^ 

At its session, 8 Mar. 1811, the County Court enters of 
record: "The following to be made and considered as a 
rule of practice in this County Court: But two counsel 
will be allowed to argue one side of any caose without 
leave of the Court, which may never be asked for unless 
a case of importance and difficulty." 

The records of 8 Mar. 1811 states: "Samuel Jackson, 
named in the Commission of the Peace for this County, 
came into court and offered to qualify into office, which 



You have this one Chapter; You should 
have all. 



The Only History of the County Ever Printed. 



A Century s Progress^ 

FROM PINE KNOTS 
TO ELECTRIC LIGHTS. 

WOOD COUNTY ANNALS, 

— BY— 

ALVARO F. GIBBENS, A. M., 

Charter Member of State Historical_ Society. 



"The Formation of Wood County " is one Chapter from the above 
named " History " now ready for the Press. In the volume every 
citizen of tlie Ohio Valley, as well as every dweller in Wood County 
should be interested. It will be a recital of Historical Facts, In- 
dian Scenes, Pioneer Hardships, Biography of Early Settlers, their 
Family Histories, Humor and Valor, and will illustrate the growth 
and resources of a most important section of our Mountain State. 
Correspondence and orders solicited. 



THE EDITION WILL BE LIMITED. 
SEND IN YOUR ORDERS AT ONCE. 



ONE COPY BOUND IN CLOTH - - - - FIVE DOLLARS. 

MOROCCO - - SEVEN DOLLARS. 



SOLD BY SUBSCRIPTION ONLY. CANVASSING AGENTS WANTED- 



213 Ann Street, Parkersburgr, W, Va 



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